[evezh]

My husband and I have been staying US over 5 years and our status is still F1. I'm confused by a few questions.

1) Should we use 1040NR or 1040 form to claim federal tax return?

2) Can we fill out the form jointly?

3) In addition to 1040 or 1040NR, is there any other form necessary to fill out?

4) Can we still deduct $5000 from our taxable income according to the tax treaty?

Thank you very much. Your response is highly appreciated.

[AtlantaTaxExpert]

If you and your husband arrived in the U.S. in 2001 or earlier, you have used up your 5-year F-1 exemption.

1 & 2) File jointly as resident aliens.

3) Any other forms (like Form 8843) are NO LONGER REQUIRED.

4) You can NO LONGER CLAIM any treaty exemption, but you DO get to claim a double standard deduction of $10,300.

[evezh]

Thank you very much. Your information is really helpful. Thanks again.

[The Texas Tax Expert]

A resident from many countries can still access the treaty, as long as they remain a student and thus continue to qualify.

[AtlantaTaxExpert]

Perhaps, on a case-by-case basis. The China Tax Treaty has a good saving provision. Most other countries do not.