[sivk2000]

I am an Indian citizen. I came to US first time in 2010 as J1 research scholar. I was in US for 330 days in 2010. I got paid from a US based hospital. Can I get benefit of the tax treaty between India and US? Which form should I use? 1040 NR or 1040 EZ?

My wife came along with me in J2 visa. She got employed in J2 with EAD. Is it better for us to file together or separately? Will she get benefit of the treaty?
Thank you

[MukatA]

You will file nonresident tax return. It is not a joint return. You will file Form 1040NR or 1040NR-EZ and 8843. http://taxipay.blogspot.com/2008/03/...s-for-non.html

This is from IRS Publication 901. Tax treaties:
"An individual is exempt from U.S. tax on income received for teaching or research if he or she:
Is a resident of India immediately before visiting the United States, and
Is in the United States to teach or engage in research at an accredited university or other recognized educational institution in the United States for a period not longer than 2 years.
If the individual's visit to the United States exceeds 2 years, the exemption is lost for the entire visit.
This exemption does not apply to income from research carried on mainly for the private benefit of any person rather than in the public interest. "

[sivk2000]

I was in US for 330 days in 2010. Will I be considered a resident alien? And need to file a 1040 form? WHat is the application of the tax treaty between India and US in my situation?

[MukatA]

If you file resident return, you can not claim tax treaty benefit. Please read the link provided above.