[krrajen]

Hi

As per Indian IT Act , if a person stays outside India for more than 182 days in a financial year ( I guess April to March) his/her status is considered as NRI. In the following scenario what will be my status ?

I came in USA for 3 months (from 12th feb 2008 to 10th may 2008) on business visa and now I came again on L1 visa and I landed here on 3rd of October 2008. Now if I consider only L1 stay then I have 179 days out side India in a FY, but if I consider my business trip also then I have 218 days out side India. So I am confused whether I am a resident or a NRI.


Rajen

[IntlTax]

This forum is primarily intended for tax questions regarding U.S. tax law. I can't help you with respect to Indian tax law.

[MukatA]

You can post your question about India taxes at mytaxes - Index

[krrajen]

This forum is primarily intended for tax questions regarding U.S. tax law. I can't help you with respect to Indian tax law.

Ok, in the above scenario what is my status in USA ? Should I file my returns in USA as resident or non resident ?

Thanks

[IntlTax]

Assuming that you were present in the U.S. for no days during 2007 and 2006, you are a nonresident of the U.S. for the entire year, unless you elect to be treated as dual status (part year resident). If you are married, you can also elect to be treated as a resident for the entire year.

[krrajen]

Assuming that you were present in the U.S. for no days during 2007 and 2006, you are a nonresident of the U.S. for the entire year, unless you elect to be treated as dual status (part year resident). If you are married, you can also elect to be treated as a resident for the entire year.

I was present in USA from 2nd Nov 2006 to 27th Apr 2007 (for almost 6 months) on business visa. I am married and right now in US with family. But during my both business trips I came alone.

Thanks

[IntlTax]

With no elections, under U.S. rules, you are treated as a resident of the U.S. starting on Feb. 12, 2008. This makes you a dual status alien. Since you are married, you can elect to be treated as a resident of the U.S. for the entire year. If you are a resident of a country that has a treaty with the U.S. you may be able to avoid being a U.S. resident until October 3, 2008.