My case is similar to yours and I understand that I file as
NRA. You have mentioned here about a $5000 and a $3200
deductions. What deductions are these? Please let me know
that docs that I should read to understand these.

Thanks for your help.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

v0c wrote:

- quote -

No. You are still an NRA as you do not have enough days of
presence as a nonexempt individual (H1) to make you a
resident alien.

- quote -

Form 8843 that you should have been filing annually since
entering the US on an F1 visa, is where you reflect the
change in status.

- quote -

The same forms that you have been using since your arrival:
1040NR-EZ or 1040NR.

- quote -

As your principal purpose for being in the US in 2005 was as
a business apprentice, you can avail yourself of Article 21
paragraph 1 (exclude payments from abroad for your
maintenance, education & training for the period you were a
business apprentice during 2005.

- quote -

As your principal purpose for being in the US in 2005 was as
a business apprentice, I believe you can avail yourself of
Article 21 paragraph 2. (I.e., you can use the standard
deduction for 2005.)

The $3200 personal exemption is available to NRAs.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

I need some help with my taxes.

I entered the US in 2002 on an F1. I recently transitioned to an H1 on
October 1, 2005. This is the summary of my stay in the US so far:

2002 - Entered US on Dec 27 2002 on F1 - Days in US - 4
2003 - F1 - Days in US - 365
2004 - F1 - Days in US - 347
2005 - F1 (OPT) till September 30, 2005 - Days on F1 OPT - 273
H1B from Oct 01, 2005 - Days on H1B - 92

I filed 1040NR EZ for 2002, 2003 and 2004. I have claimed
Tax treaty benefits from India in 2003 and 2004.

I am a single, Indian citizen. I started working with my
employer when I got my OPT in Jan 2005.

My questions are:

1. Am I a resident alien for tax purposes?
2. How do I show the F1 - H1 split for 2005?
3. What form should I use to file my returns?
4. Can I claim the India Tax Treaty benefit for a 3rd
consecutive year?
5. Can I claim the $5000 and the $3200 deductions.

I tried using CINTAX for preparing my returns and it
determined I was a NR Alien and wasn't eligible for tax
treaty benefits as my status had changed from a student to a
worker.

Please advise.

Thanks.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >