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How do I claim expenses as a 1040?

Help with Tax Forms filing - 1040 versus 1040 NR?

  • Hey All, Please help me with the always troubling tax related issues. I entered the US on August 4, 2008 and was under F1 status (Master of Science degree) since then. With regards to 2010 tax filing, below are the details: F1 student at the University from Jan 2010 - May 2010. During this period I worked for a professor and earned salary income ($AAAA) for my research services. I have ONE W-2 for this. I started work with X Consulting Company on July 26, 2010 under F1 OPT extension till September 30, 2010. From October 1, 2010 till December 31, 2010 I worked under H1B Visa. I have TWO W-2s from X Consulting Company for the period that I worked for them in 2010. My recruiting office being NYC. However, I fly to CA every week -> client location. My annual salary with X Consulting Company is $BB,BBB. In addition to my annual salary, I earned $CC,CCC as relocation allowance from X Consulting Company prior to start of work with them. I also have rented an apartment from July 26, 2010 - Dec 31, 2010. Paid rental expense for the months of Sept, Oct, Nov, Dec - $DDDD.DD each month. Do I have to file 1040 or 1040NR. Also, how do/can I claim refunds for rental expenses? Any help would be awesome! Thanks!

  • Answer:

    an NR is a non resident, you apparently spent the majority of 2010 living in the US and rental expenses are not refundable your consulting job would allow you some expenses of the off site work when you fly to CA each week

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File a 1040 as you resided in the US. You may be able to deduct expenses required for the convenience of the employer while away from your tax home ( your primary residence where you worked most of the year). Look up employee business expenses on www.IRS.Gov. You want to search commuting vs away from home expenses. One of the Forms w-2 may be the reimbursement for expenses, if so complete a Form s106 for the corresponding expenses.

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