2005-2010 f1-opt-h1

[emrecr]

Hi Experts,

I have a few questions;
I came to USA in 2005, earned my bachelor between October 2005 to August 2008 on F1 status.
I worked between Oct2008-Oct2009 on my OPT which expired on Oct1/09 and same day H1B started
(Oct2009 - Present).
Meantime, I take credit for my master degree and start studying in September 2009-present.

year 2008 -- (jan-august at study, no work)(oct-december, at work with OPT)
1. Can I still file 8843 forms for 2005/06/07/08 years?
2. Will I deduct 2008 education expenses from 2008 W-2 (worked 3 months, but didn't file 08 w-2, will
file it this year) or send separate 8843 for it?
3. Can i show my graduate expenses in 2009 W-2 (grad std. 3 months, no graduation yet)

I really appreciate any help.

thanks

[Atlanta Tax Guru]

1) Yes. Better to file them late than NOT at all.

2) No; education credits or deductions are NOT allowed on non-resident alien returns.

3) Maybe. If you are married, you can file jointly with your spouse and you BOTH choose to be treated as resident aliens. If you make this option, you must WAIT until 1 June 2010 to file, but the tax advantages are so much better than filing as a non-resident alien that it is worth the wait.

If you are single, then no.

[sreenidhik]

Hi,

I am from India. I came to USA in 2006, earned my masters degree between September 2006 to August 2008 on F1 status.
I started working from September 2008 onwards. From September 2008 - September 2009 I was on OPT and from October 1, 2009, my H1B started
(Oct2009 - Present).


1. Which tax form should I file for year 2009?
2. Will I be filing as a resident, non-resident or dual-status alien?

I really appreciate any help.

thanks

[Atlanta Tax Guru]

If you are single, you file as a non-resident alien, filing Forms 1040NR-EZ and 8843 ONE LAST TIME.

If you are married, you can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get photocopy notarized. This can be done at your local bank in most states in the U.S.

The downside is that:
• You must wait until 1 June 2010 to meet the Substantial Presence Test before you can file for Tax Year 2009.
• You must declare ALL 2009 world-wide income (wife’s home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file

[sreenidhik]

Thanks. I am single. So I think I would fill 1040 NR-EZ and 8843 as I have been doing all these years.

[snehadulur]

I was on opt from Jan 2009 to sep 2009, and on h1 B thereafter, My employer has sent me two w2 for the same, how do I go about filing my taxes,
Am I a resident or a non resident alien,

What are the forms I would require to fill? Lot of people have given me different answers and I am confused..

Regards
Sneha

[Atlanta Tax Guru]

If you are married, you can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get photocopy notarized. This can be done at your local bank in most states in the U.S.


The downside is that:

• You must wait until 1 June 2010 to meet the Substantial Presence Test before you can file for Tax Year 2009.
• you must declare ALL 2009 world-wide income (wife’s home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file.

If you are single, you file Forms 1040NR-EZ and 8843 one last time.

[sreenidhik]

Hi sneha

I think it wouldnt matter even if you have 2 W2s (assuming that you are single). As Atlanta Tax Guru points out, you just have to file 1040 NR EZ and 8843 using the 2 w2s you got.

This can be easily done by any standard tax software which would prompt a question for whether you have received more than 1 W2.

[Atlanta Tax Guru]

Just add the W-2 amounts together and insert them on the Form 1040NR-EZ.

[sanupmathew]

Originally Posted by Atlanta Tax Guru

If you are single, you file as a non-resident alien, filing Forms 1040NR-EZ and 8843 ONE LAST TIME.

If you are married, you can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get photocopy notarized. This can be done at your local bank in most states in the U.S.

The downside is that:
• You must wait until 1 June 2010 to meet the Substantial Presence Test before you can file for Tax Year 2009.
• You must declare ALL 2009 world-wide income (wife’s home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file

Hi,
I have 2 questions.
1) Doesn't Sreenidhik qualify the Substantial Presence test? If so can't he file for refund online using Turbo Tax? I also have the same situation as Sreenidhik and hence using his case as an example.
2) Also you have mentioned that Sreenidhik should file Forms 1040NR-EZ and 8843 ONE LAST TIME (Tax refund for the year 2009). Why is this the last time? What does he do for the next time (Tax refund for the year 2010)?

Kindly Reply,

Thanks,
Sanup