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    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
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    #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: 21,815, 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.

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