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Old 03-17-2016, 10:40 AM
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Can I Claim F1 Student as dependant on my tax return?

Hello TaxGuru,

My brother (24Y old, from India) is on F1 visa for his MS degree, came to USA in April 2015, and staying with me since then. I am paying for all his expenses, food, travel, accommodation, tuition fees etc, as I am the sponsor for his education here. He is working on-campus since Nov 2015 and had $712 income (w2) in 2015. He also has SSN. Can I claim him on my 2015 tax return as dependent (as qualified relative) and get additional exemption? If this is not possible, what forms he need to file for his tax return?



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Old 03-18-2016, 12:11 PM
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My brother (24Y old, from India) is on F1 visa for his MS degree, came to USA in April 2015, and staying with me since then. I am paying for all his expenses, food, travel, accommodation, tuition fees etc, as I am the sponsor for his education here. He is working on-campus since Nov 2015 and had $712 income (w2) in 2015. He also has SSN. Can I claim him on my 2015 tax return as dependent (as qualified relative) and get additional exemption? ========>It depends; unless your bro has been in US for more than 5 years as a F1 visa holder, I mean as a US resident for tax purposes, you can not claim him since he is still a nonresident alien.to be claimed , he must be US citizens, US resident alien, US national, or resident of the Canada or Mexico.

If this is not possible, what forms he need to file for his tax return?======>as his gross income of $712 is LESS than his personal exemption and std deduction, he does not need to file form 1040NR/1040nr ez; if he wants to file return for refund, then,What he needs to do is on page 3 of sch A of form 1040NR on line 14 under miscellaneous deductions, he may enter the amount of the standard deduction and in the description write "standard deduction under Article 21(2) of US-India tax treaty".however, in this case he may /should file to get money back if Federal Income Tax was withheld from his pay,Depending on the school, Universities enroll in some kind of tax programs that let international Students on F1 visa to file taxes for free under the free license of Complete International Tax Preparation Software for International Students.so he needs to ask his particular School?s international students office to get full information about the Tax filing information and if the School is enrolled in any of that kind of program. The taxes are withheld from his pay and your bro must file a tax return , Form 1040NR or 1040NR-EZ, after the completion of the calendar year to reconcile his tax liability. Even if he/ has no requirement to file a tax return, he must STILL file the Form 8843 annually. Dependents in F-2 and J-2 status must also file Form 8843. If he were in the U.S. even 1 day in 2008, he must file Form 8843.he can claim the Standard Deduction as he is from India.Unless soc sec taxes are withheld from his paycheck and his employer refuses to refund the taxes that were already withheld, he does not need to file form 843.also, Only students & scholars from certain countries, Mexico, Canada, Korea, Japan. and India,
can claim exemptions for their dependents



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