Hi,

I am an Indian. I am due for tax return 2008.
I was in USA (New Jersey) From 12 May 08 to 24 Oct 08 (165 Days). Till now only stay in US. Prior to this I never had been in USA.
I am an IT personnel worked as an employee of Satyam Computer Services Ltd, 8500 LEESBURG PIKE #202, VIENNA VA 22182.
I paid $4772 my federal tax. I want to avail the benefit of Indian tax treaty with US. Can you intimate me which article of the tax treaty would be applicable for me.

Your response in this context would be highly appreciable.

Thanks
Rajender Agarwal
91-09884998227

If you had L1 or H1-B visa, there is no treaty benefit. However, you can claim your travel expenses and lodging expenses in the U.S.
You will file nonresident tax return.
For the U.S. India tax treaty read India U.S. Tax Treaty (http://mytaxes.in/index.php?topic=15.0)

I had L1 Visa. But what about "dependent personal services" article 16 of india Treaty with US?

How much is the maximum travel expense and lodging expenses can be shown? advise.

Article 16 does NOT apply in your case because Satyam Computer Services Ltd is considered to be a U.S. company. The only way Article 16 applies is if you were paid by a Indian company in Indian rupees.

As for travel and lodging expense, there is no maximum; it is what you actually spent on these costs, and, yes, the IRS WILL ASK for receipts and proof of payment for both international travel costs and rental costs in the form of dated receipts from the airline and from the landlord.