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-   -   US India Tax Treaty + Oregon State Tax (https://www.askmehelpdesk.com/showthread.php?t=458310)

  • Mar 16, 2010, 11:42 PM
    connectwithnk
    US India Tax Treaty + Oregon State Tax
    I am currently on F1 (OPT) visa. I am NRA for federal tax purposes and full year resident for Oregon tax purposes. I claimed Std. Dedn in 1040NR using US/India treaty.

    Oregon state does not provide standard deduction for Non Resident Aliens. Can we claim Std. Dedn or exemption using US/India Tax treaty ?
  • Mar 17, 2010, 02:56 AM
    MukatA

    You are full year resident of Oregon. File resident tax return. You are nonresident only if your permanent home is outside is outside Oregon.
  • Mar 17, 2010, 07:49 AM
    connectwithnk

    Hi MukatA,

    My understanding was, non resident for Oregon state and non resident alien are different. Even if I am a full year resident of Oregon, I am Non Resident Alien for tax purpose (F1 visa and substantial presence test).

    Is that wrong ?
  • Apr 30, 2010, 01:52 PM
    AtlantaTaxExpert
    Connect:

    You are correct. By law, because you are a student from OUT of state, you are considered to be a non-resident of the state of Oregon even though you lived there the entire year of 2009.

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