I am in india and I am receiving social security benefits from us. They are withholding incometax. Can I file 1040nrand get back the money. I don't have any other income from us.
Is there any mention about this in india - us treaty?

Are you a U.S. citizen or a green card holder?

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Originally Posted by AtlantaTaxExpert

Are you a U.S. citizen or a green card holder??

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I am not us citizen and I am not a green card holder. I live in India.

Since you are neither a U.S. citizen nor a green card holder, under Article 19(2)(b) of the U.S.-India Tax Treaty, your Social Security benefits are NOT subject to U.S. taxes.

They MAY be subject to Indian taxes, however. You would need to confer with an India tax consultant on that issue.

File the Form 1040NR with Form 8833 citing Article 19(2)(b) as the citation to request a total refund.

You should also send a Form W-8BEN to the Social Security Administration citing Article 19(2)(b) to stop the withholding.