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    rohitarora's Avatar
    rohitarora Posts: 4, Reputation: 1
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    #1

    Jan 30, 2015, 07:22 PM
    Tax benefits for Indian J-1 Research Scholar in Boston, MA
    Hi,
    I am an Indian citizen and have been accepted as J-1 Post-doctoral research fellow at a hospital in Boston, MA. My employment officially starts on March 1, 2015 and I am currently not in the US. I am seeking following clarifications about tax exemptions:

    1. My last employment (and temporary residence) was in France. I finished my contract and left France for India (my current location) on December 10, 2014. Which tax treaty applies to me - India-US or France-US?

    2. Does the state of Massachusetts honor the India-US/France-US tax treaty (whichever is applicable) ?

    3. My girlfriend is an American citizen and it is very likely that that I will extend my stay beyond two years after we get married. As I have read on this forum that if I extend my stay beyond two years, I will be subjected to the taxes for the two years for which I was exempt. If I already know that I will be extending my stay, I should file taxes as a non-resident alien for the first two years (all this assuming that India-US tax treaty applies to my case, because for France-US this is not the case according to Publication 901 of IRS). I want to ask, what exemptions can I apply for and where can I find out more information about filing taxes as a non-resident alien from India on J-1 visa? Is it usually higher or lower than regular taxes? I have looked through a lot of IRS documentation and I am thoroughly confused!

    4. Since I start work on March 1 and tax returns should be filed on April 15, I am not sure how much shall I file. Can anyone guide me?


    I would appreciate any help as it would help me greatly in my financial planning.

    Best regards
    Rohit
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 31, 2015, 12:02 AM
    Rohit,

    HOW LONG did you work in France?
    rohitarora's Avatar
    rohitarora Posts: 4, Reputation: 1
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    #3

    Jan 31, 2015, 03:54 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Rohit,

    HOW LONG did you work in France?
    Hi,

    I worked in France as a Postdoc researcher for 2 years (2012-2014).
    Before that, I did my Masters and Phd from France (2007-2012). So basically France has been my home for almost 7 years.

    Best
    Rohit
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Jan 31, 2015, 10:00 AM
    Did you submit any paperwork with the French government to terminate your residency in France? If not, then your residency is probably still valid in France and you can use the U.S.-France Tax Treaty.

    This assumes you did not to re-establish residency in India, like work and pay taxes, vote, register a car, etc.
    rohitarora's Avatar
    rohitarora Posts: 4, Reputation: 1
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    #5

    Jan 31, 2015, 11:09 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Did you submit any paperwork with the French government to terminate your residency in France? If not, then your residency is probably still valid in France and you can use the U.S.-France Tax Treaty.

    This assumes you did not to re-establish residency in India, like work and pay taxes, vote, register a car, etc.
    Thanks for your response.
    My residency in France terminated when my residence permit expired, which was on December 25, 2015. I have documents to show this.

    No I have not done any of those activities in India, I am simply staying here at my parents' till I get my US visa. However my parents' address is my permanent address on my visa form because as I mentioned before that I do have Indian passport.

    Do you still think I can use the France-US tax treaty?

    Thanks for your help.

    Best regards
    Rohit
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Jan 31, 2015, 01:16 PM
    Your last residency was in Frande, and you did NOT re-establish residency in India, so, yes, I believe you CAN claim French residency and use the U.S.-France Tax Treaty.
    rohitarora's Avatar
    rohitarora Posts: 4, Reputation: 1
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    #7

    Feb 2, 2015, 09:44 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Your last residency was in Frande, and you did NOT re-establish residency in India, so, yes, I believe you CAN claim French residency and use the U.S.-France Tax Treaty.
    Thank you! You have been most helpful.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Feb 2, 2015, 05:33 PM
    Glad to help!
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