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-   -   Query regarding India US tax treaty (https://www.askmehelpdesk.com/showthread.php?t=793121)

  • May 29, 2014, 10:38 AM
    divesh
    Query regarding India US tax treaty
    Hi

    I arrived in the US on August 20, 2012 and joined as a post-doc on a J1 visa starting September 1, 2012. According to the India-US tax treaty, I am exempted from tax for two years, but if I stay longer, then I need to pay taxes for the entire two years.

    My work contract in the US is until August 31, 2014 after which I plan to move out. My confusion is because of the fact that it will be less than 2 years since I started working, but more than 2 years since I arrived in the US. Will I need to pay taxes for the entire two years or not?

    Also, what will this situation be if I leave the US before August 20, 2014 but still get the salary until the end of August in exchange of working from home in India until the end of August?
  • May 29, 2014, 10:53 AM
    AtlantaTaxExpert
    Assuming the university agrees with your interpretation (many universities consider J-1 post-docs NOT to be interns, but rather students), you are fine with the 2-year tax exemption, since you probably did not get your first paycheck until after 1 Sep 212.

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