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(OPT)F1 Visa - H1B Visa: Tax Dilemma

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  • (OPT)F1 Visa - H1B Visa: Tax Dilemma

    Hello all,

    I was on OPT(F1 visa) till Sept 30th last year and then H1B visa thereafter.
    This year for the first time i am filing my taxes jointly with my wife.(She is filing for her ITIN with the tax paper work)
    The tax guy i am working with to get the taxes done told me that i cannot claim the following things:
    1. I paid $5000 of Federal Taxes in 2010
    2. I paid relocation expenses of $2000 to relocate to a city in texas
    3. I paid Sales Tax on a new car: $1582.35

    After all this he mentioned i would only get about 500 bucks back on my tax return. I am confused. Any help will be appreciated.

  • #2
    You will have to figure out your residency status using form 8843 and file 1040 or 1040NR accordingly. CINTAX or some other international tax software can help.
    This is my opinion and not legal advice.

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    • #3
      Welcome to Texas. Sounds like you are filing a 1040NR.
      1. You should be able to claim the 5K withholding.
      2. Moving expenses are deductible for both 1040 and 1040NR.
      3. If you are Indian and on F1 then you can claim the standard deduction under the U.S. India Income Tax Treaty. If the standard is more than your itemized (including sales taxes) then you just take the standard.
      Jeff Pickering


      Work : (972) 378-5200
      Fax: (972) 692-7215
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