Ask Experts Questions for FREE Help !
Ask
    askme52's Avatar
    askme52 Posts: 10, Reputation: 1
    New Member
    		  
    #1

    Feb 15, 2012, 02:47 PM
    Part f1, part h1b (2011) - 1040 or 1040nr or 1040nr-ez?
    I was on:
    - F1 till Sept 30th 2011
    - H1b from Oct 1st 2011

    Question:
    - Which form should I fill, 1040 or 1040NR, 1040NR-EZ? (My preference being 1040NR-EZ)
    - What deductions and treaty can I claim (Citizenship = India)?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 15, 2012, 04:09 PM
    What is your marital status: MARRIED or SINGLE?
    askme52's Avatar
    askme52 Posts: 10, Reputation: 1
    New Member
    		  
    #3

    Feb 17, 2012, 03:43 PM
    Single
    askme52's Avatar
    askme52 Posts: 10, Reputation: 1
    New Member
    		  
    #4

    Feb 17, 2012, 03:46 PM
    Also, if 1040NR-EZ, can I get the 5800 Indian Tax treaty deduction (Asked since my status in Dec 31st 2011 was H1B)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 17, 2012, 04:38 PM
    Yes on standard deduction question.

    Unless you incurred unreimbursed moving expense, file the simpler Form 1040NR-EZ.
    deva8088's Avatar
    deva8088 Posts: 1, Reputation: 1
    New Member
    		  
    #6

    Feb 18, 2012, 11:11 PM
    Hi Atlanta Tax Expert,

    Firstly, thanks a lot for guiding several of us rookies on this subject.

    I had a similar situation. I was on F1 until Nov 11,2011 and on an H1-B after that. On my W2 forms, I have some social security tax and medicare tax that have been deducted from my paycheck ever since my status changed to H1-B. So I guess my question is, will I get a refund of the entire social and medicare taxes that I have paid, since it doesn't apply to NR. Do I need to fill in a separate form for it?

    Separately, I received bank interest for the year 2011. Is there a way I can include that in the 1040NR-EZ or will I need to fill 1040 NR?

    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Feb 18, 2012, 11:36 PM
    The date your H-1B visa became effective is the date you become liable for FICA taxes, even if you file as a non-resident alien. Nice try, though.

    You need to claim the interest earned AFTER the H01B became effective, so file Form 1040NR.
    askme52's Avatar
    askme52 Posts: 10, Reputation: 1
    New Member
    		  
    #8

    Feb 21, 2012, 10:24 AM
    You mentioned I should fill "1040NR-EZ" with - "India -- 21(2) Claim Std Ded". I was using an online software.
    - How much amount can I dedu for 21(2) --- 5800 or the state tax amount??
    - The software deducts only "state Tax which is in 200 (less) if I fill as H1B on Dec 31st" and "5800 if I fill as F1 as of Dec 31st"
    - So as I am H1b since Oct 2011, I am not saving lot of money.
    - Is the software correct?? i.e I can deduct only 200 and not 5800??
    - If so then is there a way to fill 1040 and save more money?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #9

    Feb 21, 2012, 02:35 PM
    The federal standard deduction for 2011 is $5,800; that is what you should claim.

    To claim the interest, you MUST use Form 1040NR. But if it LESS than $10, then do NOT report it, as it is NOT required.

    As noted below, your FICA tax liability starts the date your H-1B visa became effective
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!

F1-h1b 1040 or 1040nr or 1040nrez [ 4 Answers ]

GTG: You should file another Form 1040NR-EZ. Filing as a resident alien really does you no good because, as an Indian citzien, you can already claim the standard deduction. However, if you paid any tuition or fees, then you might want to wait and file as a Resident Alien under the First Year...

F1 to H1B: 1040 or 1040nr? [ 2 Answers ]

Hi, I came to the US on Aug 2005 on F-1. I was on OPT till Sept 30 2008 and changed to H1B on Oct 1. I went to H&R block and he filed 1040NR. My friend (exactly the same situation) went to H&R block and he filed 1040 and 1040NR both. I am confused. Which return do I need to file?

Tax return form - 1040 / 1040EZ / 1040NR / 1040NR EZ ? [ 2 Answers ]

Hi, I was on L1-visa in Saint Paul, MN, US for a short period of about 50 days (from Feb 9 to Mar 28, 2008). Rest of the year I was in Bangalore, India. I have received W2 for 2008. It shows Marital Status as "SINGLE" though I am married long time ago. My spouse and son did not come to US for...

H1b to f1. 1040 or 1040NR? [ 1 Answers ]

I was on H1B from 2002 to June of 2005 and on F-1 from August of 2005. I am currently on my OPT. I filed 1040-EZ for my 2002, 2003, 2004, 2005 and 2006 returns. while filing for my 2007 returns I realized that I might have been a "non-resident" during 2006 based on the exclusion given to...

H1B Should fill 1040 or 1040NR [ 1 Answers ]

Folks, I know many people have asked this question a number of times. I am on H1B for the whole of 2005 and have been working in the US. I wanted to fill in my tax papers myself online. But Turbotax etc don't have the 1040NR form. All they offer is 1040 or 1040EZ. Can I fill in the 1040NR even...

View more questions Search