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    connectwithnk's Avatar
    connectwithnk Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 16, 2010, 11:42 PM
    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 ?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 17, 2010, 02:56 AM

    You are full year resident of Oregon. File resident tax return. You are nonresident only if your permanent home is outside is outside Oregon.
    connectwithnk's Avatar
    connectwithnk Posts: 2, Reputation: 1
    New Member
     
    #3

    Mar 17, 2010, 07:49 AM

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

    Apr 30, 2010, 01:52 PM
    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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