Tax Return question: 1040NR or 1040 in F1 OPT/485 Pending?

H

hjm8

Registered Users (C)
I was F1 from 1/1/2003 to 4/30/2003, F1 OPT from 4/30/2003 to 4/30/2004,

In November/2003, I submit my 140/485

what form should I use? 1040NR or 1040?

Thanks
 
There is no need to Use 1040NR. It is optional. There is article on IRS web site.
You can use regular 1040 or 1040EZ also.
 
Well.....

1040 NR allows you to claim more deduction so more money in your pocket.
 
Re: Well.....

Originally posted by ned
1040 NR allows you to claim more deduction so more money in your pocket.
Click to expand...

That's the first time I've heard that. 99% of the time 1040 is better since you get a larger standard deduction.
 
Guys I was RFEeed recently and officer #69 has asked for my I-20 alongwith an employment letter, payment stubs, and tax forms. It was so long ago when I graduated that I have lost my I 20. I do have a copy of the certificate from school recommending optional training after graduation. I called my school but they do not keep copies after 5 years. Do you have any suggestions as to how to get over this road block?

RD: Dec 24, 01
ND: Dec 27, 01
FP: Feb 05, 04
RFE: March 18
 
hjm8,

1040-NR is for part year residents (Non Residents). Since you lived in USA for the whole year, you can not use 1040-NR to file taxes. You may have to go with other 1040s (1040-EZ, 1040-A or 1040).
 
what matters is your status as of 12/31/2003. Even you were F-1 from 1/1/03 to 12/30/03, on 12/31, you were AOS that means your can't use 1040-NR.
 
Originally posted by king1999
what matters is your status as of 12/31/2003. Even you were F-1 from 1/1/03 to 12/30/03, on 12/31, you were AOS that means your can't use 1040-NR.
Click to expand...

Again the point is whether he is still F-1 after 140/485 filing. Here's an interesing article.
http://www.hooyou.com/f-1/140filing.htm

However, even if he's AOS at the end of 2003, if the days in AOS is less than 183 days, he did not meet the substantial presence test and he should use 1040NR.
 
I believe, once you apply 485, your status will be changed to "Adjudication Status". And that overrides any other visa status.
 
File 1040NR

Basicly 1040 and 1040NR are the same. The big difference for F1 holder is you don't have to pay FICA (social security and medicare). Even if your employer has withheld your FICA, you can get refund. It happened to me when I was using F1 OPT. I got more than $2000 back. It doesn't matter with your I-485. You only have to proof you were F1 holder in 2003 and file 1040NR.
 
One's residence status for immigration purposes and one's residence status for tax purposes are two entirely different things, and they should not be confused. If you have spent more than 180 days in a year in the US, you are considered a resident for tax purposes. IRS does not care about your immigration status. Most of the illegal aliens who work with fake SSNs pay taxes just like everyone else.
 
1040NR

You have not met the minimum existence test:

183 days (count all days in 2003 + 1/3 those 2002 + 1/6 days 2001). F1 does not count in these 183 days. You start counting if you are on F1 visa after 5 years.
 
Originally posted by Anajoti
One's residence status for immigration purposes and one's residence status for tax purposes are two entirely different things, and they should not be confused. If you have spent more than 180 days in a year in the US, you are considered a resident for tax purposes. IRS does not care about your immigration status. Most of the illegal aliens who work with fake SSNs pay taxes just like everyone else.
Click to expand...

I agree with Anajoti. Your status for immigration and tax purpose are different. When I was F1, I use 1040NR because I wanted waive FICA. When I was H1B, I use 1040 because I wanted use itemized deduction even though I haven't filed I-485 yet by the time.

Again, IRS doesn't care your immigration status. You can choose the one is best for you as long as you meet their counting-day rule.
 
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