Ask Experts Questions for FREE Help !
Ask
    taxdilemma's Avatar
    taxdilemma Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 15, 2009, 09:30 PM
    F-1 OPT to H-1B - should I amend past return?
    Hello,

    I am an Indian citizen. I filed my 2007 return as a non resident and took the itemized deduction.

    I entered the US on F-1 Visa in 2006 and then transferred to H-1B in October 2007. So for calendar 2007 I was on F-1/OPT for 9 months and H-1B for 3 months.

    When I filed my taxes I used 1040NR. I just read about the tax treaty with India allowing standard deduction for students/apprentices. Was I eligible for standard deduction in calendar 2007 return? Can I go back and file an amended return if I was?

    Thanks!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 15, 2009, 09:44 PM

    If you are unmarried in 2007, you filed correct tax return.
    As per tax treaty, you are allowed standard deduction instead of itemized deduction for your OPT income. If you did not claim this treaty deduction in 2007, you can file amended tax return. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    taxdilemma's Avatar
    taxdilemma Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 16, 2009, 09:41 AM
    Quote Originally Posted by MukatA View Post
    If you are unmarried in 2007, you filed correct tax return.
    As per tax treaty, you are allowed standard deduction instead of itemized deduction for your OPT income. If you did not claim this treaty deduction in 2007, you can file amended tax return. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    Yes I was unmarried for calendar 2007 and filed as a "single" tax payer. That being the case then, I shouldn't file an amendment? Or as a single taxpayer converting to H-1B in the calendar year with H-1 income only, can I still get standard deduction for 2007?

    Thanks for your advise!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 16, 2009, 09:55 AM
    As an Indian citizen on a F-1 or J-1 visa, you are entitled to claim the standard deduction per the U.S.-India Tax Treaty.

    Your marital status is irrelevent.

    Even though you switched to the H-1B visa on 1 October 2007, the F-1 visa criteria holds because you did NOT meet the Substantial Presence Test by 31 December 2007.

    Amend the 2007 return to claim the standard deduction.
    rambo_big's Avatar
    rambo_big Posts: 6, Reputation: 1
    New Member
    		  
    #5

    Jan 19, 2009, 08:13 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Even though you switched to the H-1B visa on 1 October 2007, the F-1 visa criteria holds because you did NOT meet the Substantial Presence Test by 31 December 2007.

    Go ahead and amend the 2007 return to claim the standard deduction.

    I'm trying to clarify - does this mean a single 1040NR would have been sufficient (without a need to split income into two segments - H1B and OPT)? Please correct me if I'm wrong. Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jan 20, 2009, 09:57 AM
    SInce you have NOT met the Substantial Presence Test, you are considered to be a non-resident alien and should file the single Form 1040NR or 1040NR-EZ.

    You CAN wait until June 2009 and file dual-status, but there is likely NO TAX ADVANTAGE in doing so, so why wait?
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!

Amend tax return [ 7 Answers ]

Hello, In both 2005 and 2006 I had about $10,000 in medical expenses. I haven't deducted those from my tax returns. I have no medical bills, but I do have copies of the monthly checks I used for my payments and the tax ID of the doctor to whom the checks were addressed. Can I amend my 2005...

Amend Tax return - 2007 [ 5 Answers ]

Hi, I have to amend my return for 2007 to claim Child Tax Credit ($1000), which I missed while filling. The issue is - I have to go back to India in 1st week of June - 2008 and if I give the current address (which I mentioned in original return), and they send check to me (probably after 6-8...

Amend tax return [ 1 Answers ]

I did not include the EIC credit on my 2006 tax return. I qualify for the credit, but I didn't Take it. Can I amend my 2006 return to incorporate the credi.t?

How do I amend my 2006 tax return? [ 1 Answers ]

How do I amend my 2006 tax return? I accidentally entered some values twice.

Amend tax return [ 1 Answers ]

I did not include the EIC credit on my 2006 tax return. I qualify for the credit, but I didn't Take it. Can I amend my 2006 return to incorporate the credit on my 2006 return?

View more questions Search