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vivekpol · Jan 3, 2008, 08:43 AM

I am researcher on J1 visa and wants to take US-INDIA tax treaty benefits. When I started filling 1040NR (filling jointly with my wife with no income from her side), everything is coming 0.00 from line 8 to line 35, as I added my fellowship on line 22 (total income exempt from treaty), which is not consider anywhere from line 8 to line 35.

Am I filling correctly? Does any one provide me the sample copy of filled 1040NR from, which will help me to fill my form.

Please help

AtlantaTaxExpert · Jan 3, 2008, 10:16 AM

First, you CANNOT file Form 1040NR jointly. You file it by yourself, either as a SINGLE taxpayer or as a MARRIED taxpayer. You CAN claim your wife as a dependent.

Second, if you are a researcher, you should be EXEMPT from all taxation for the two-year period of your J-1 visa. If so, no taxes should have been withheld and no filing is required.

If taxes WERE withheld, that was an error that you should resolve with your employer immediately so you do not have to deal with this problem next year.

As for filing your 2007 Form 1040NR, I cannot provide a boiler plate example, because each person's circumstance is different, and it requires an individual evaluation on a case-by-case basis.

That is why I offer the tax services professionally. If you want that professional help, contact me via email.

vivekpol · Jan 3, 2008, 10:42 AM

Thanks for your reply.

Ok, I will file as married and will show my wife dependent.

Yes, they withheld my tax.

I need your professional help to fill the forms

AtlantaTaxExpert · Jan 3, 2008, 11:03 AM

Have received your email and just sent an answer!

MukatA · Jan 4, 2008, 06:37 AM

vivekpol files as nonresident for two years. His income is exempt from FICA taxes. Employer will withhold federal income tax and state taxes. On his income he will get standard deduction of $5,350, his exemption $3,400 and spouse exemption $3,400 as per India U.S. tax treaty.

vivekpol · Jan 4, 2008, 07:55 AM

There is one more way, I saw on the instrction for 1040NR from, known as "Simplified Procedure for Claiming Certain Refunds"

As I am filling form 1040NR solely to claim the refund of US tax withheld by my payer.

Can I use this procedure?

AtlantaTaxExpert · Jan 4, 2008, 09:23 AM

If the withholding was for INCOME TAXES, you need to file Form 1040NR or 1040NR-EZ.

If the withholding was for Social Security and Medicare taxes, you need to file Form 843.

vivekpol · Jan 4, 2008, 09:37 AM

Yes, withholding was for income tax.

My que. Is, can I use this "Simplified Procedure for Claiming Certain Refunds", where in I have to fill very few lines of 1040NR from... no need to fill about standerd dedcution and perosnal deduction section as per the IRS instruction, as all the amount is tax free as per treaty... please guide

AtlantaTaxExpert · Jan 4, 2008, 09:18 PM

"Simplified Procedure for Claiming Certain Refunds" is for people who are paying taxes on dividends and interest, NOT income that is exempt per treaty, so you cannot use it.

Bulbul · Apr 9, 2008, 12:49 AM

Originally Posted by MukatA

vivekpol files as nonresident for two years. His income is exempt from FICA taxes. Employer will withhold federal income tax and state taxes. On his income he will get standard deduction of $5,350, his exemption $3,400 and spouse exemption $3,400 as per India U.S. tax treaty.

Is the $3400 good for non-resident Indians only?
Can anyone of the following claim the exemption:
1. Those who have been here (doing research) for more than 5 years but still on H1 visa?
2. Those who have been married to a permanent resident and filing jointly?
3. Those (Indians) who have become permanent resident in 2007

Thank you

MukatA · Apr 9, 2008, 03:18 AM

Every one who files a tax return gets personal exemption of $3,400 (for 2007).