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    kooldude76's Avatar
    kooldude76 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 21, 2011, 02:48 AM
    Working out of USA as a contractor
    Hi
    I am an Indian Citizen. I was in USA for few years on H-1B filing
    US returns there. Then in Dec 2009 I moved back to India and from June 2010, I have been
    Working for a US based company as a consultant (only source of income in US). They company had me filed W8-ECI and has issued me 1099-MISC for 2010.

    I believe I have to file 1040NR but not sure if I would be filing as an individual or business. Moreover what kind of deductions/exemptions I can claim. What forms I have to use and whether I can file online. Any help would be greatly appreciated.
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 3, 2011, 02:18 PM
    You DO need to file Form 1040NR, but you will pay NO income taxes as the Form 1099-MISC income is EXEMPT from U.S. income taxes because the money was earned outside of the United States.

    You need to also file Form 8833 to cite the treaty provision that exempts the income,

    Because you are outside of the U.S. you have until 15 June 2011 to file.

    If you need professional tax help with this, email me at [email protected] or [email protected].
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