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Yogesh12345
Jan 11, 2011, 04:39 AM
Hi,
I'm in USA since Dec 2009 and would probably leave India by end of Jan 2011. If I'm going to India in January(on same company payroll), am I supposed to pay the taxes in India on my income in USA through April 2010 till January 2011?

I'm asking this question since my duration in India in financial year 2010-2011 would be more than 60 days.

If above case is true, how can I avoid double taxation?

AtlantaTaxExpert
Jan 11, 2011, 08:51 AM
Any income earned while you are physically located in the U.S. is subject to U.S. income taxes.

For 2010, you will probably file as a resident alien (this assumes you have a H or L work visa).

For 2011, you can file an expatriate dual-status return. Unless your monthly income is substantially higher than $4,000, the dual-status return should result in you owing little or NO U.S. income taxes for 2011.

Yogesh12345
Jan 11, 2011, 11:05 AM
Thanks for your quick response. Yes! I am on L1 visa. To summarize your response, apparently I don't need to worry about dual taxation. My income in 2010 will not be taxable in India. For 2011, I will file the tax returns and will get all refund.