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

    Apr 11, 2013, 11:36 AM
    Non resident alien itemized deduction travel expenses
    Hi,
    I am a non resident alien on OPT F1 visa until 30-SEP-2012 and on H1-B visa from 01-OCT-2012 onwards. I understand that I can claim standard deduction or there are certain itemized deductions that I can claim and out of these 2 I have specific questions about itemized deductions "travel expenses"

    Can I deduct apartment rent, food, gas/car expenses, etc as part of travel expenses? Rationale behind this is my tax home is in india, and being on F1 on OPT which is limited to 1 year(which is a requirement to claim travel expenses), I am entitled to deduct these expenses from my income.

    Can someone throw some light on this please?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Apr 12, 2013, 01:52 AM
    You can claim standard deduction only if you are eligible to file resident tax return.
    On nonresident return you get only itemized deductions.
    raj_ravikumar's Avatar
    raj_ravikumar Posts: 3, Reputation: 1
    New Member
     
    #3

    Apr 12, 2013, 02:06 AM
    I missed to mention that I was a student from India, so I can make use of the tax treaty to claim $5950 in standard deductions. But my question was regarding itemized deductions to maximize refund
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Apr 12, 2013, 08:02 AM
    The IRS does NOT consider your F-1 visa to be a temporary work assignment and would challenge your deduction of daily living expenses, so do NOT do it.
    raj_ravikumar's Avatar
    raj_ravikumar Posts: 3, Reputation: 1
    New Member
     
    #5

    Apr 12, 2013, 05:17 PM
    Thank you very much . I also have another question.

    I moved to California on May 23 2011. I have not filed the California tax returns for both 2011 tax year and 2012 tax year yet(I am due to get refunds on both tax years).

    I lived in California for 6.25 months in F1 OPT status during 2011.
    What would be my residency status for tax year 2011 to file CA tax returns.

    I lived in California for the entire 2012 tax year out of which 9 months were on F1 OPT visa and 3 months on H1-B visa. So what would be my tax residency status for tax year 2012 to file CA tax returns.

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!

Itemized deduction vs Standard Deduction for Non Resident Alien from India [ 3 Answers ]

Hi, I came to US on L1 Visa from August 22 2009. I want to file my tax returns and my status is non resident for year 2009 and I have to file form 1040NR-EZ, which I understand correctly. Now my question is there is a one clause in the instruction booklet for filing form 1040NR-EZ that indian...

Travel expenses deduction F1 to H1B [ 4 Answers ]

I was doing my OPT during 2005, until June 30 when my F1 visa expired. The employer sponsored me and I had to go back home in July to get my H1B and returned to the US on October 1st, to start working again. Can I deduct the airfare for going back home and get my visa? Can I deduct some visa fees...

Can Auto Loan to be itemized? What kind of job related expenses can be itemized [ 3 Answers ]

Hi, I would like to know if I can Itemize the Auto loan payments I made last yr? I read some where that I can't Itemize the Auto loan Interest, if this is the case can I itemize the Principle alone? Can we itemize the auto insurance? Secondly I am on H1 and consulting, I moved from NJ to MA...

Job Expenses deduction for Non Resident Alien [ 1 Answers ]

Hi, I am on a 6 month assignment to US and am filing my taxes as Non resident alien for 2007wanted to know whether I can claim deductions on the rent/utilities/conveyance/food expenses I incurreed while I was in US. Is Form 2106 applicable to me or only for people travelling inside US on work?...

Travel expenses deduction for L1 visa (less than 1 year) [ 1 Answers ]

Dear Tax Expert, My sister, Indian citizen worked for WMC direct (Burbank) from Aug 12th 2005 to June 12th 2006 with an L1 visa. According to publication 519, pg 28, Chapter 5, if a temporary assignment lasts less than 1 year, ordinary and necessary travel expenses as well as lodging(rent paid...


View more questions Search