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If I am on a work visa can I claim itemized deductions?

I'm on H1-B visa. I...

I'm on H1-B visa. I am working on my W-2. Can I file for itemized tax deductions? Can I claim my commuting expenses, house, rent, electronics purchases, etc.? On my W-2 there is a line saying "Less not subject". Can I still file for itemized deductions? My fiance works as a full time employee for a pharmaceutical company. Can she also claim for itemized deductions? Please suggest a good tax agent so that we can get more out of our returns.

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Answered in 1 minute by:
4/1/2011
Zip Taxes
Zip Taxes, Tax Preparer
Category: Tax
Satisfied Customers: 156
Experience: CTEC Licensed / Mgmt Experience with H & R Block... Self Employed since 1986 Experienced in all Scheds
Verified
Zip Taxes :

Thank you having the trust to answer your question. When answered to your satisfaction be sure to hit ACCEPT. TIPS are welcomed / good deeds come back

Zip Taxes :

You are provided a Standard Deduction, if your Work Expenses exceed the Standard Deduction, then you can Itemized. But "to and from work" can not be written off, but any travel for the company that is NOT reimbursing you "You can write off."

JACUSTOMER-3xgwn993- :

What do you mean by if my work expenses exceed standard deduction?

Zip Taxes :

Also, I do not know what State you are in to say where to go but make a list of expenses "Journal them down"

JACUSTOMER-3xgwn993- :

I'm in New Jersey and my girl friend is in NY

Zip Taxes :

Federal Standard Deduction is 5,700 per individual as a single filer

Zip Taxes :

The Exemption is 3,650 per single person

Zip Taxes :

If you have an excess of 5,700 in expenses that can be written off, then she can itemize her deductions whether it be work related, contributions. Also to help if you invest in a IRA to help defer taxes but that's another subject.

Zip Taxes :

This is can be completed on the Schedule A for Tax payments of vehicles purchased in 2010, DMV fees and so forth. If a home is owned then the interest is written off as well as Real Estate Taxes

Zip Taxes :

If she is using a Home Office, that can be written off but you have to be conservative on that issue and it can easily raise red flags to IRS if not completed properly

Zip Taxes :

House Rent.... only the room that is an office that is exclusive for the employer and the employer must have access to it as well as there has to be a reasonable need for a home office due to distance or lack of space at the employers address.

Zip Taxes :

Electronic Purchases that are not reimbursed by the employer can either be completely deducted or depreciated out for the next 3 to 5 years depending on the property.

Zip Taxes :

Commuting - No claim can be legally taken to and from work.

Zip Taxes :

Less Not Subject - doesn't make sense to me unless it's say that less is not subject for itemization then the Standard comes in at 5,700.00 in deduction from the AGI (Adjusted Gross Income) Also you may find this link helpful when you have financial question in which it has calculators for you to work out. http://ziptaxes.com/financial_tools.html

JACUSTOMER-3xgwn993- :

Can an H-1B visa holder with W2 file a Schedule A? What will be the clauses? Also I heard about the employment credit of $400. Are we eligible to get it? The electronics purchases that I was talking about is not work related. We bought a digital camera, laptop etc. Can we claim them in our returns?

Zip Taxes :

NY - NJ... I would go to H & R Block or an Registered E.A. in your area which you can google them.

Zip Taxes :

Researching... one moment

Zip Taxes :

The answer to the Eletronics would be a No on that one.

Zip Taxes :

Researching the H-1B

Zip Taxes :

Still working - just some info to save

Zip Taxes :

The 400.00 is a Schedule M

Zip Taxes :

still working on it

Zip Taxes :

Unfortionately, a nonresident alien can not collect on that amount.

JACUSTOMER-3xgwn993- :

What all can a H-1B holder with W2 can claim as itemized? Also there is a line on my W2 form saying "Less not subject". What does it mean?

Zip Taxes :

Less Not Subject - doesn't make sense to me unless it's say that less is not subject for itemization then the Standard comes in at 5,700.00 in deduction from the AGI (Adjusted Gross Income) Also you may find this link helpful when you have financial question in which it has calculators for you to work out. http://ziptaxes.com/financial_tools.html

Zip Taxes :

Woring on the H-1B

Zip Taxes :

Working

JACUSTOMER-3xgwn993- :

It says Gross pay - XXXXX

JACUSTOMER-3xgwn993- :

Under gross pay "less not subject" - XXXX

JACUSTOMER-3xgwn993- :

Under that reported w2 wages - XXX

JACUSTOMER-3xgwn993- :

on the center part of w2

Zip Taxes :






You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U.S. source income on which tax was not fully paid by the amount withheld.

You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7.



Zip Taxes :

I STAND CORRECTED:

Zip Taxes :

PLEASE READ...

Zip Taxes :

Nonresident aliens cannot claim the standard deduction. However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception.

You cannot claim the standard deduction allowed on Form 1040. However, you can itemize any allowable deductions.

Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U.S. trade or business. See Itemized Deductions in chapter 5.

Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U.S. citizens. However, nonresident aliens generally can claim only a personal exemption for themselves on their U.S. tax return. There are special rules for residents of Mexico, Canada, and South Korea; for U.S. nationals; and for students and business apprentices from India. See Exemptions


JACUSTOMER-3xgwn993- :

So do I come under business apprentice?

Zip Taxes :

I would think so

JACUSTOMER-3xgwn993- :

If I get a per diem from my employer can I still do the itemized deduction?

Zip Taxes :

if that's the agreement you have with your employer

JACUSTOMER-3xgwn993- :

I still didnt understand that "less not subject" line in my w2 form. I'm afraid whether I can file for itemized deductions when I have that line..

Zip Taxes :

to be honest I don't understand it myself. But if you are taking the taxes to a professional, I'm pretty sure they can work that one out when they see it. But I have been trying to research it. What box number is ***** in?

JACUSTOMER-3xgwn993- :

Its not in any box. It is in section 2 on the main portion of the W2

Zip Taxes :

If your scholarship is from U.S. sources or you are a resident alien, your scholarship is subject to U.S. tax according to the following rules.





  • If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. See Scholarships and Fellowship Grants in chapter 3 for more information.




  • If you are not a candidate for a degree, your scholarship is taxable.





Zip Taxes :

ok

JACUSTOMER-3xgwn993- :

Can you see the image?

Zip Taxes :









I came to the United States on June 30th of last year. I have an H-1B Visa. What is my tax status, resident alien or nonresident alien? What tax return do I file?



You were a dual-status alien last year. As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. However, for the part of the year that you were not present in the United States, you are a nonresident. File Form 1040. Print “Dual-Status Return” across the top. Attach a statement showing your U.S. source income for the part of the year you were a nonresident. You may use Form 1040NR as the statement. Print “Dual-Status Statement” across the top. SeeFirst Year of Residency in chapter 1 for rules on determining your residency starting date. An example of a dual-status return is in chapter 6



JACUSTOMER-3xgwn993- :

It is not specified anywhere else

Zip Taxes :

I unable to view an image

JACUSTOMER-3xgwn993- :

Can you click on that

JACUSTOMER-3xgwn993- :

My w2
Full Size Image

Zip Taxes :

If you are are a resident alien, then I think you can collect the 400.00 (food for thought)

Zip Taxes :

If, ahhh... you don't have to pay tax on that amount... hold on why I process some of this info in my system and see what is says :)

Zip Taxes :

do you have a few min?

JACUSTOMER-3xgwn993- :

Sure

Zip Taxes :

I did receive your info and that's what that is... that amount is taking away from the gross so you don't pay tax on that

Zip Taxes :

working on your info

Zip Taxes :

is Vineeth a Resident Alien or Non Res Alien?

Zip Taxes :

how long have been here?

JACUSTOMER-3xgwn993- :

I'm on a H1B visa.

Zip Taxes :

ok

JACUSTOMER-3xgwn993- :

For 6 yrs

JACUSTOMER-3xgwn993- :

i guess im a resident alien

JACUSTOMER-3xgwn993- :

as i stayed for more than 183 days

Zip Taxes :

i c

Zip Taxes :

still working

JACUSTOMER-3xgwn993- :

Will I be a resident alien or non-resident alien?

Zip Taxes :

In my opinion based on the IRS Code of more than 183 days that you are a "Resident" Alien which means that you can file a regular 1040 / 1040A or a 1040EZ and be able to have the same deductions as the rest

Zip Taxes :

Here is the link for the IRS publication

Zip Taxes :

Keep it, it's gold to you

Zip Taxes :

and in addition you will collect the additional 400.00

JACUSTOMER-3xgwn993- :

what form should i fill for that?

Zip Taxes :

The information you provided be will be destroyed for your protection of your identity

Zip Taxes :

It will automatically fill out in the software, it's a schedule "a"

Zip Taxes :

oops Schedule "M"

Zip Taxes :

not "a"

Zip Taxes :

so far my system says you will get back around 1,800 plus.... I do not know what you will get back from NJ

JACUSTOMER-3xgwn993- :

ok

Zip Taxes :

if you are looking for a professional you can go to www.hrblock.com or www.ziptaxes.com

JACUSTOMER-3xgwn993- :

ok

Zip Taxes :

I know that zip is a flat fee

Zip Taxes :

you will have to contact them and as to H&R you would have to go in

Zip Taxes :

Also you can elect to you www.TaxAct.com if you want to try it on your own. It's a great software

Zip Taxes :

at a great price.

Zip Taxes :

I hope you this has answered some of your questions

JACUSTOMER-3xgwn993- :

I'll try taxact with itemized deductions. what do you suggest?

Zip Taxes :

try itemized and if you exceed 5700 and go for it :)

JACUSTOMER-3xgwn993- :

ok thank you.

Zip Taxes :

you are welcome

Zip Taxes :

:) Cheers ***** ***** luck and again your info is being shreded as we speak

JACUSTOMER-3xgwn993- :

thank you..

Zip Taxes :

Please be sure to hit Accept when finished and any Bonus would be appreciated too.

Zip Taxes :

Thank you, ***** ***** now :)

JACUSTOMER-3xgwn993- :

bye

Zip Taxes
Zip Taxes, Tax Preparer
Category: Tax
Satisfied Customers: 156
Experience: CTEC Licensed / Mgmt Experience with H & R Block... Self Employed since 1986 Experienced in all Scheds
Verified
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Zip Taxes
Zip Taxes, Tax Preparer
Category: Tax
Satisfied Customers: 156
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Experience: CTEC Licensed / Mgmt Experience with H & R Block... Self Employed since 1986 Experienced in all Scheds

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