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Tax return for F1 (Research Assistant)/ F1 (OPT)/ H1b/ Married - dual status alien?

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  • Tax return for F1 (Research Assistant)/ F1 (OPT)/ H1b/ Married - dual status alien?

    I'm in a complicated situation with my 2015 tax return. Need your advice.

    - From Jan to mid Aug, I worked on F1 for university as a research assistant
    - From mid Aug to Sep end, I worked on F1 (OPT) for employer_1
    - From Oct to Dec end, I worked on H1b for employer_1
    - December 25th I got married.

    a. will i be treated as a Resident Alien, Non Resident Alien or dual status for tax purposes?
    b. If I'm treated as dual status, for the part I am NRA, can I claim tax treaty benefit, standard deduction, and/or itemized deductions?
    c. for the part I'm RA, what deductions can I claim?
    d. Will I be eligible for joint filing with a dependent?

    Let me know what you guys think. Thanks

  • #2
    Originally posted by cjs87 View Post
    I'm in a complicated situation with my 2015 tax return. Need your advice.

    - From Jan to mid Aug, I worked on F1 for university as a research assistant
    - From mid Aug to Sep end, I worked on F1 (OPT) for employer_1
    - From Oct to Dec end, I worked on H1b for employer_1
    - December 25th I got married.

    a. will i be treated as a Resident Alien, Non Resident Alien or dual status for tax purposes?
    b. If I'm treated as dual status, for the part I am NRA, can I claim tax treaty benefit, standard deduction, and/or itemized deductions?
    c. for the part I'm RA, what deductions can I claim?
    d. Will I be eligible for joint filing with a dependent?

    Let me know what you guys think. Thanks
    Dual status is only available when you enter the US and return to your home country and exit the US and return to your home country. As, you have been in the country for the whole year dual status is not possible. You did not mention whether you married a US citizen or resident

    a. You could file either as a resident alien or non-resident alien. Excluding days under a F1 visa is an election. You can elect to be either taxed as a resident or non-resident based on your circumstances.
    b. Generally non-residents must itemized. There are exceptions based on country specific treaty provisions. You would be able to assert all treaty benefits available to citizens of your country.
    c. Resident aliens have all the deductions available under the IRS code.
    d. You will only be able to claim a dependent and file MFJ, on a federal level, as a resident alien.

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