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    ashutosh.khandha's Avatar
    ashutosh.khandha Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 6, 2006, 07:16 AM
    Indian tax treaty clause for H1B status ?
    Hello all,

    I have summarized my case below -

    Jan 2005 (31 days) - F1/OPT

    Feb 2005 through Dec 2005 - H1B

    I filed taxes using the 1040EZ form, where I could "not" avail of the Indian tax treaty clause. The calculation for my taxable income was:

    AGI - deduction for a person filing as "single".

    Now,

    1. Should I be able to avail of the Indian tax treaty clause, that I have used in my previous years of filing, in the 1040NR-EZ forms (from 2002 to 2004)

    2. If yes, is there any way I could still do it, since I have already filed my federal tax using the 1040EZ form.

    Any help would be appreciated.

    Thank you.

    Ashu.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 6, 2006, 08:56 PM
    Ashu:

    No, if you file as a resident alien (Form 1040EZ), you can claim NO treaty exemption.
    ashutosh.khandha's Avatar
    ashutosh.khandha Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 7, 2006, 05:53 AM
    Thank you for a quick response.

    Ashu
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 7, 2006, 11:55 PM
    Glad to help!
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