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    bhaskarprave's Avatar
    bhaskarprave Posts: 6, Reputation: 1
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    #1

    Mar 17, 2014, 01:22 PM
    Standard Deduciton In H1B visa
    Hi,
    I was in F1 visa from January 2013 to spetmeber 2013 and got transferred to H1B visa. Since I don't qualify for substantial presence test, I am filling 1040 NREZ now. I have a doubt what would be my Itemized deduction line 11? Would it be my standard deduction of 6100$ or just state taxes I got withheld?

    Regards,
    BR
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 17, 2014, 10:27 PM
    If you are a citizen of India, then claim the $6,100 standard deduction as authorized under Article 21(2) of the U.S.-India Tax Treaty.
    bhaskarprave's Avatar
    bhaskarprave Posts: 6, Reputation: 1
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    #3

    Mar 18, 2014, 06:15 AM
    Thanks AtlantaTaxExpert for the info. So I need to enter 6100$ in Line 11 (Itemized Deduction) instead of State Taxes withheld amount ?

    Quote Originally Posted by AtlantaTaxExpert View Post
    If you are a citizen of India, then claim the $6,100 standard deduction as authorized under Article 21(2) of the U.S.-India Tax Treaty.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 18, 2014, 10:31 AM
    Yes, that is correct.
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    bhaskarprave Posts: 6, Reputation: 1
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    #5

    Mar 18, 2014, 12:31 PM
    Thanks again TaxExpertAtlanta

    My friend who is in the same scenario like me used a CPA to submit his tax forms, who claimed that during Dual Status Tax year, he is not eligible to Standard Deduction and had just the itemized deduction in the 1040 NREZ. Should he refile using 1040X with the changes made on the 1040 NREZ ?

    Thanks and Regards,
    BR
    Quote Originally Posted by AtlantaTaxExpert View Post
    Yes, that is correct.
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    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Mar 18, 2014, 06:34 PM
    The CPA is just WRONG, which is not unusual given the specialized nature of tax returns for international clients.

    He should amend the return with Form 1040X and attach a properly prepared Form 1040NR-EZ to the Form 1040X.
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    bhaskarprave Posts: 6, Reputation: 1
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    #7

    Mar 19, 2014, 07:27 AM
    Thanks AtlantaTaxExpert

    Because his CPA did it wrong, he had to pay the IRS some amount. How would he get back the amount he paid IRS already? Does he just needs to fill 1040X or any other form too?

    Thanks and regards,
    BR


    Quote Originally Posted by AtlantaTaxExpert View Post
    The CPA is just WRONG, which is not unusual given the specialized nature of tax returns for international clients.

    He should amend the return with Form 1040X and attach a properly prepared Form 1040NR-EZ to the Form 1040X.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Mar 19, 2014, 09:09 AM
    I cannot say for sure whether he will get any refund without looking at the return.

    It is possible his itemized deductions may have been larger than the standard deduction.
    bhaskarprave's Avatar
    bhaskarprave Posts: 6, Reputation: 1
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    #9

    Mar 19, 2014, 09:21 AM
    Itemized deduction is less than standard deduction by atleast 4000$ I guess

    Quote Originally Posted by AtlantaTaxExpert View Post
    I cannot say for sure whether he will get any refund without looking at the return.

    It is possible his itemized deductions may have been larger than the standard deduction.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #10

    Mar 19, 2014, 10:11 AM
    Yes, that is likely!

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