Ask Experts Questions for FREE Help !
Ask
    charleslesley's Avatar
    charleslesley Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 13, 2012, 01:41 PM
    Dual Status Alien or Resident Alien
    I've been a student from india till May 2011 and during this period I've been doing an internship. Then in June, 2011 I got my green card and started working for a company. I've received both form 1042-S(from the internship) and form W2 (from the job). I've been single trhoughout the year.
    1. Am I considered a resident alien or dual status alien for tax purposes?
    2. If considered dual status alien,
    a) Can I elect to be treated as resident for tax purposes so that I will qualify for the Lifetime Learning Credit?
    b) Can I still claim the standard deduction that I am eligible by the tax treaty for Indian students?
    c) If yes to 2.b. how should I report this eligiblity in form 1040?
    3. If considered resident alien or if answer to 2.a. Is yes,
    a) How should I report both W2 and 1042-S in form 1040?
    nigam2012's Avatar
    nigam2012 Posts: 33, Reputation: 2
    Junior Member
    		  
    #2

    Feb 13, 2012, 02:06 PM
    In pub 519 read "dual status aliens" on page 8 and read chapter 6 as well. Also read the example for Sam given at the end in pub 519. That will give you some clues.
    charleslesley's Avatar
    charleslesley Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Feb 13, 2012, 02:48 PM
    Thank you nigam2012, for your quick response. The article and the Sam example answered most of my questions, but still I didn't get an answer to to be. According to the India Tax Treaty, I was eligible for the standard deduction when I was a student (non-resident). Can I claim the same when filing as a dual status alien?
    nigam2012's Avatar
    nigam2012 Posts: 33, Reputation: 2
    Junior Member
    		  
    #4

    Feb 13, 2012, 03:15 PM
    You should see chapter 6 pub 519 4th para under "Income Subject to Tax"
    See Chapter 9 page 57 under "Students Apprentices and Trainees" and Page 58 under "Students, Apprentices, Trainees ...who became" . Also read "Saving Clause" there. That should answer your questions.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Feb 13, 2012, 07:33 PM
    You are dual status. You can not file as resident for whole year. Since you are F1/OPT income, you can claim tax treaty deduction as itemized deduction. You will also file Form 8843.
    charleslesley's Avatar
    charleslesley Posts: 3, Reputation: 1
    New Member
    		  
    #6

    Feb 14, 2012, 03:37 PM
    Thank you MukatA. That helped. As I understand I can claim the Standard Deduction of $5800 as an itemized deduction in form 1040NR which I will add as an attachment to my Dual Status 1040. Am I correct?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #7

    Feb 15, 2012, 05:05 AM
    Yes
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Dual status alien or non resident alien for tax purposes? [ 2 Answers ]

Hi, I started working for my employer in September 2010 on OPT. I got my H1B approved in March of 2011. Since then I am on H1B Visa. I had a question regarding filing my taxes for 2011. According to the SPT requirement, I think I am a resident alien but then I think I am also into dual status as...

Dual-status alien choosing to be treated as resident alien [ 4 Answers ]

Hello, I hope I can get some advice here. I am married, and both me and my wife live in US. I used to be J-1 student, and she used to be J-2 dependent. On January 14, 2010 my status in US was changed from J-1 to H-1B, and her's was changed from J-2 to H-4. I understand we are both now resident...

Dual-status alien or alien resident income tax return [ 1 Answers ]

Hello, I am getting ready to prepare our 2009 tax returns and am not sure what to do. I am a US citizen. My husband is a permanent resident. He arrived in the US from Italy in February 2009 on a K-1 visa. We married in March and he got his green card in July 2009. My husband worked in Italy...

Dual status alien or resident alien for tax purposes? [ 2 Answers ]

Hello, I come from Poland, in September, 15 th. 2006 I came to the USA on J1 visa (scholar), and I have been on it ever since. Can I fill tax refund for 2008 as a resident alien (1040) or I am rather considered as dual status alien? Can I fill the taxes jointly with my wife she came with me and...

Resident alien, nonresident alien or dual status [ 1 Answers ]

Good morning, I arrived in US on Jan 6, 2004 with F-1 visa. I graduated in May 21, 2007. From May 21, 2007 until November 30, 2007 I was with OPT (that is considered still F1) and worked for a company in US. From October 1st until now (2008) I am under H1B visa working for the same company...

View more questions Search