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Posted by A.G. Kalman on February 15, 2007, 1:22 am
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kw wrote:
> I am an F-1 student at a US university.
> I am filing Form 1040 since I am a resident alien for tax
> purpose. I claimed the $5000 treaty exemption at the
> beginning of 2006. Thus, my W-2 shows my income is my
> actually gross income less $5000. and I get a 1042-S showing
> $5000 income. These are true and alright.
>
> Can I withdraw my claim now?
> I now find that it would be better for me if I did NOT claim
> the treaty exemption. If Yes, can I just put my actually
> gross income into line 7 on Form 1040? or please suggest a
> solution.
As an F-1 student you are exempt from the substantial presence
test. In other words, you don't get to count your days of
presence for any period in which you held a valid F-1 visa.
As such, you are a nonresident alien of the US and file either
Form 1040NR-EZ or Form 1040NR. In addition, as an NRA, you
may avail yourself of any treaty benefit that exists for
students. Almost always (I know of one exception), a resident
alien is taxed like citizens and can not benefit from the
treaty article pertaining to students.
--
Alan
http://taxtopics.net
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