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    krishna90's Avatar
    krishna90 Posts: 1, Reputation: 1
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    #1

    Mar 31, 2014, 08:10 PM
    India Us Tax treaty Article 21 and 22
    Hi ,

    I am on an F1 Opt visa currenlty and have been here on an F1 visa in the US from aug 2011.In March 2014,I joined a Public University (non-profit) funded by the state government.I would like to know if I can claim the standard deductions acc to Article 21 and if I am exempt from State/Federal taxes acc to Article 22 of India us tax treaty?

    Also,if I continue to stay past two years in the US but claim only one year from article 22 and then move to a private organisation for the second year and not use article 22 for the second year-would I still have to pay for the first year exempted taxes in my third year of stay here retroactively?

    Thank you so much for your time!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 31, 2014, 10:41 PM
    Yes, you CAN claim the standard deduction under Article 21(2) of the U.S.-India Tax Treaty.

    No, you CANNOT claim the tax exemption for teachers/researchers because you are NEITHER. While on OPT, your retain the status of an F-1 student.

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