Hello,

I am a postdoc in U.S. with J-1 visa, originally from India. I am filing taxes for 2007 as an nonresident alien using 1040NR. I am aware that J-1 students and business apprentices from India are eligible to claim standard deduction as nonresident aliens as per U.S.-India treaty. I would like to know:

1) Are J-1 postdocs are eligible as well to claim standard deduction instead of itemized deduction as a nonresident alien.

2) Can a J-2 spouse working as a postdoc claim standard deduction in a similar manner.

I have looked up the relevant IRS publications with no clear information on this. Any help in this forum will be appreciated.

Check your visa. If you are here for research, then you do not pay federal income tax for two years.
Read Your U.S. Tax Return: U.S. Tax Treaties for Professors, Teachers and Researchers (http://taxipay.blogspot.com/2008/04/us-tax-treaties-for-professors-teachers.html)

Depending upon you are a researcher, trainee, professor or teacher, you will get treaty benefit.
Read treaty benefit for students and apprentices:
Your U.S. Tax Return: U.S. Tax Treaties for Students and Apprentices (http://taxipay.blogspot.com/2008/03/us-tax-treaties-for-students-and.html)

Thanks MukatA for your reply. I am here for research and my income is tax-exempt if I return to India within two years of coming to the U.S. Since I will be here for more than two years, and do not want to pay huge amount of tax retroactively for all three years together in the third year, I have chosen to pay taxes every year beginning the first year.

Am I eligible to claim the standard deduction as a nonresident alien. Will this eligibility extend to my J-2 spouse (with work permit) working as a researcher.

Thanks again for your help.



Check your visa. If you are here for research, then you do not pay federal income tax for two years.
Read Your U.S. Tax Return: U.S. Tax Treaties for Professors, Teachers and Researchers (http://taxipay.blogspot.com/2008/04/us-tax-treaties-for-professors-teachers.html)

Depending upon you are a researcher, trainee, professor or teacher, you will get treaty benefit.
Read treaty benefit for students and apprentices:
Your U.S. Tax Return: U.S. Tax Treaties for Students and Apprentices (http://taxipay.blogspot.com/2008/03/us-tax-treaties-for-students-and.html)

1. I am not sure that you can get standard deduction on your nonresident return, which is available to students from India. Need to check more.

2. Your spouse will also file nonresident return for two years. She is not entitled to any treaty benefit.