I worked on OPT (F1 visa) in 2016 till September 30th and then moved to H1B. After my research, I found out that I don't pass the substantial presnece test since I was under F1 student visa (OPT) for the year 2016 from January to September.
With this information, I tried filing my returns for 2016 using Sprintax. But Sprintax is not allowing me to complete my returns since I have HSA listed in my W2, box 12, category W. Because of this, I have the following questions:
- Do I need to file 1040NR along with form 8889 in place of 1040NR-EZ.
- If yes, can I use the
Standard Deduction Allowed Under U.S. - India Tax Treaty Article 21(2)and where to add this?
- Or, I just use 1040NR-EZ with standard deduction rather than itemized deductions. Since my itemized deduction (state taxes) is less than the standard deduction, also my I am not sure where to add the itemized deductions. Moreover according to instructions to fill 1040NR for 2016 I fall under Exceptions (https://www.irs.gov/pub/irs-pdf/i1040nr.pdf) page 6.