Are non U.S. citizens eligible for Tuition and Fees Tax Deduction for 2009 ?
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I am a non U.S. citizen who is a resident of State of Indiana for Tax purposes. Am I eligible for tuition and fees tax deduction? ( this is my 7th year in the states and 5th year working in the states)
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Answer:
According to the Tax Code, if you are considered a non-resident alien for any part of the year then you are not eligible for the deduction. Based on your statement it would appear that you are a resident aliens and would be eligible for the deduction assuming you meet the income thresholds and your filing status is not married filing separate. For further information on resident vs. non resident aliens check out Tax Topic 851 at the link below: http://www.irs.gov/taxtopics/tc851.html
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