Hi, I am doing my taxes for 2008. I am currently on F1/OPT and citizen of India. Since I have moving expenses related to my job I am filing 1040 NR. But this form has itemized deductions, whereas I want to claim standard deduction of $5450. Can someone help with this ? what should I do ?

Should I fill out the Schedule A for itemized deductions but use $5450 in line 37 of 1040NR or should I leave the schedule A empty and fill $5450 in line 37.

I am allowed to claim Standard deductions due to US-India Tax treaty article 21(2).
I am also confused if I should include Standard deduction amount on line 22 of 1040NR ?

Thanks

sandeepg

please help !

AtlantaTaxExpert

Sandeepg:

Yes, under the U.S.-India Tax Treaty, you CAN claim the standard deduction on Form 1040NR.

Do NOT include the Schedule A.

Next to the standard deduction on the dotted line on Line #37, neatly print: "Standard deduction authorized under U.S.-India Tax Treaty"