Since I am an Indian citizen and a resident of India for tax purposes (hence non-resident of the US for tax purposes) the double taxation agreement applies to me.

In India, I will be taxed for my global income. If I was taxed on my income by the US, then India will provide me a 'relief'. The relief means that I will not have to pay any tax in India on any income that was taxed by the US.

Now if one of my two employers had withheld my tax and other one did not withhold any tax, can I pay tax on the income from the second in India and not pay anything at all here?

1040NR-EZ explicitly asks if I have paid any tax in my country (India) on any income shown on the form.

Your opinions are valued.

Details about me.

I was on f1 and now on h1b.

I was taxed while on CPT (F1) but my employer did not withdraw any federal tax for OPT and the short period of H1B.

I do not meet SPT and I am a non-resident for tax purposes.

You didn't say what type of jobs you are working & why the second job didn't deduct federal tax. If the first job deducted federal tax & you are paying US tax and India will not tax you on that amount, don't you think that you should be paying federal tax on the second job as well?

Carol,

It was my employer who did not withdraw any taxes. If I opt to pay it here I will owe money here. But yes I will save in India.

It was not something I did. It was my employer who did not withdraw. My employer has put me down as exempt to federal tax but has withdrawn my state tax.

According to my W-2s I have paid all my federal taxes and I should be receiving a refund.

I have a W-2 each for both jobs.

I think federal tax is exempt only under some circumstances. I will discuss with my employer.

Well, I would think if you are paying federal tax at one job, you should be paying federal tax at the second job, unless you are exempt and you are getting all of your federal tax monies paid in refunded.

You OWE federal taxes on any job in the U.S. in which you earn income, even if India taxes the money as well. You can claim a Foreign Tax Credit for the India taxes to avoid double taxation.