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Old 03-26-2012, 10:31 PM
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Form 1098T for H4 to F1 visa

Hi,
I came to US in H4 on Dec 2008. Started attending school from Jan 2010 . Filed for COS from H4 to F1 and got it approved on Aug 2010. I received Form 1098T for year 2010. I had been filing taxes until 2010 as resident-married filing jointly with my husband (H1B from Nov 2007).

1)But this year(2011), my school says I am not eligible for 1098T.Why so ?

2)I would like to file my taxes jointly with my husband. If 1098T is not applicable to me, can I still claim my tuition fee as deduction while filing jointly.

3) Also some forums say that I can still be considered resident for tax purpose if I file jointly. Is it true? I am really confused. Please help!!!

Please advise me on this asap. Thanks so much.


Last edited by pr84 : 03-26-2012 at 10:44 PM.


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Old 03-28-2012, 10:35 AM
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Join Date: Oct 2010
Posts: 5,138
“1)But this year(2011), my school says I am not eligible for 1098T.Why so ?”---->Why not? I guess you need to contact your school. You are subject to 1098T. As you said, your hubby is treated as a US person for tax purposes and you filed your 2010 return as MFJ with your husband then you are considered to be a US person UNDER the US Tax laws, NOT under the US INS ruels.So, you can claim educational credits,i.e, AOC/ lifetime learning credit on your 1040. Please contact your school to correct it. You need to keep all your documents / receipts or etc as proof.
“2)I would like to file my taxes jointly with my husband. If 1098T is not applicable to me, can I still claim my tuition fee as deduction while filing jointly.”--->Yes you can . you can still claim your ed credit as described above on your 2011 return. Keep the proof.
“3) Also some forums say that I can still be considered resident for tax purpose if I file jointly. Is it true? I am really confused.”---->Correct; under the US tax law NOT under the US INS rules since your are neither a US citizen nor a US GC holder.



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