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View Full Version : How to get Standard Deduction while filing 1040-NR


sandeepg
Mar 29, 2009, 09:10 AM
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
Mar 29, 2009, 09:26 PM
Please help !

AtlantaTaxExpert
May 19, 2009, 02:16 PM
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"