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    himesha20's Avatar
    himesha20 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 29, 2008, 06:10 PM
    India tax treaty exemption on California state tax
    Hi,

    I was a full time employee from working on OPT from 01/01/07 to 09/30/07 and then was on H1-B status from 10/01/07 to 12/31/07. I am filing my 1040 nr for federal and would like to know answers to following questions:
    1. what is the india tax treaty exemption for 2007
    2. Is the standard deduction for non-resident $5350 for 2007.
    3. I was working in California for this entire period so should I file form 540 as a resident or non-resident and if I can claim india tax treaty exemption on my state tax.

    I would really appreciate if you can help me out.

    Thanks
    Misha
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 29, 2008, 08:53 PM
    On the federal tax return you will get treaty deduction for income during OPT.

    For CA, you are resident for whole year 2007. You don't get treaty benefit on state return.
    For nonresident tax filing read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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