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    Joon's Avatar
    Joon Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 6, 2007, 12:27 PM
    Opt-h1 1099-misc and W2
    -I have been on opt for first half of 06,i.e till June-21(06/21/06) and during my opt I was a contractor so I have 1099-misc for this period.
    -From 6/21 to 12/31 I was on h1b and have w2 for this period.
    So here are my questions.
    -Since I pass substantial presence test,Do I have to file 1040 only.
    -Can I file 1040NR for first half i.e for 1099misc and file 1040 for rest?
    -Which way can get maximum deduction ?(since I have was on opt for first half
    Should I pay self employment tax?).
    -Can I make use of India tax treaty?


    Again thanks for taking your time for reading my questions ,You answers and comments
    Are much appreciated.

    :confused:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 7, 2007, 10:44 AM
    Joon:

    1) Yes, you meet SPT.

    2) Yes, if you are NOT married, you must file dual-status, filing Form 1040NR for the first half and Form 1040 for the second half of 2006.

    3) You can claim the standard deduction for the first half under the India-U.S. Tax Treaty. You do NOT have to pay self-employment tax on the 1099 income.

    The dual-status return is REAL DIFFICULT to prepare. Get professional help!

    If you need my professional tax help, contact me at [email protected].

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