[alexandretx]

Hi, I am student on F1, single, from France (so 5000 income tax treaty) in Texas. Making around 22500 (after treaty) a year as a Research Assistant (RA), paying $2503 tax last year.

I have two questions:

1. first my friends (also RA, new F1 students not from India, Canada, Mexico... ) go to a tax lawyer that is filling the resident form instead of the NR form so they get higher refund. Is it legal? He is lawyer he should know... Is it risky, could we have to reimburse IRS later if we apply for H1 visas?

2. Second question, my return is only $178 (I deduct $50 donations I did) and I want more. I got a car accident (hit and run filed by the police), can I claim the $500 deductible from the insurance on the lost/damage property?)
3. I bough the car last year, can I deduct sale taxes or registration?
4. I went to a conference around, can I deduct some expense from it like gas (personal car used for 14 hours round trip) housing but I don't have receipt for this.
5. I am also GPTI now (part time instructor), there is a line for educational expense on the 1040 limited to $250, can I use it or is it only for high school educators? Because I bought a book for the class ($175)
6. I moved 2 years ago over a long distance, I guess it is too late for this, right?

Thanks!!

[AtlantaTaxExpert]

1) No, the lawyer has it WRONG. I agree that he should know better, but often, persons who do not specialize in taxes for foreign national do it WRONG. I make significant money every year in fees to fix their error.

2) Probably not, because you would have to itemize and there are limitations as to how much you can claim under that scenario.

3) Sorry, non-resident aliens cannot deduct sales taxes.

4) Again, it is an itemized deduction and you must exceed 2% of your AGI (2% of $22,500 is about $450), but, yes, you CAN deduct the mileage at 56 cents per mile if the conference was work-related.

5) The educator deduction is available only for high-school and below teachers; sorry!

6) No, you can amend the tax return in 2012 to claim the moving costs IF you can show it to be job-related.

[alexandretx]

Thank you very much for these information.so my moving is job related. I earned my MS at Austin, TX and then my adviser transfer to Texas Tech Lubbock (400 miles away) so I had to follow him to pursue phD. I say I had because he was employing me as a Research Assistant and he was the only one that was able to finance me on my phD topic.for the conference, calculation gives me $560 at 56c per miles so I don't want to bother you but do you think it worth to claim it? Or which form should I fill and then I can work on it.Thank you again!

[AtlantaTaxExpert]

Yes, it is worth claiming if you are preparing the return yourself. Use Form 3903 with Form 1040NR.

[alexandretx]

Ok! I will do it by myself so, it worth it to understand all of these.
Thanks again for your help!
Best

Yes, it is worth claiming if you are preparing the return yourself. Use Form 3903 with Form 1040NR.