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    mmrao's Avatar
    mmrao Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 6, 2009, 05:43 PM
    What is my staus for filing taxes?
    Hi,

    I was in US for 330 days in 2006 and 300 days in 2007 as an F1 student. I was in US for the whole year in 2008. But from January 2008 to September 2008 I was on OPT and from October 2008 my Status changed to H1-B. So do I have to file the taxes as an Resident Alien OR Non-Resident Alien? Will appreciate your help

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

    Jan 7, 2009, 01:04 AM

    If you are single, you will file non-resident tax return. For OPT income, you will get treaty deduction.
    If you are married, you have other options.
    mmrao's Avatar
    mmrao Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 7, 2009, 06:34 AM
    Quote Originally Posted by MukatA View Post
    If you are single, you will file non-resident tax return. For OPT income, you will get treaty deduction.
    If you are married, you have other options.
    Thanks, I'm single, but I qualify for substantial presence test ( 360 days in 2008+ 1/3rd of 2007=100+ 1/6th of 2006=50, total=510 days, and to qualify it should be only 183days)So please let me know whether this is correct or not (i.e whether the days which I stayed on F-1 will count for substantial presence test?). Will appreciate your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 7, 2009, 07:14 PM
    MMRAO:

    The days while on the F-1 visa are "exempt" from counting for the Substantial Presence Test, so your SPT days are actually 92 days for 2008.

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