[Vaidya_N]

Hi,
I used CINTAX today and got this message regarding the Standard deduction claimed under Article 21(2) for US-India Treaty - "You have indicated that you have entered the U.S under a different immigration status than your current immigration status. The IRS looks to the original immigration status under which an individual enters the U.S as a determining factor for tax treaty exemption. Therfore, CINTAX does not consider you eligible to claim a tax treaty exemption."
My details are as follows:
1. I was on OPT till from Sept 1st 2004 to Aug 30th 2005
2. My H1 started on Oct1st 2005 to date.
3. I got married on Nov 20th 2005.
Could someone let me know if I can still claim the standard deduction according to the treaty?

Thanks,
V

[AtlantaTaxExpert]

V:

Yes, you CAN claim the standrard deduction as allowed under the U.S.-India tax treaty.

What is the visa status of your husband? It MAY be more advantageous to either file jointly with him as a resident alien, either immediately (if he is already a resident alien) or under First Year Choice (which will require you wait until June 2006 to file).