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    sandeepg's Avatar
    sandeepg Posts: 19, Reputation: 1
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    #1

    Mar 29, 2009, 09:10 AM
    How to get Standard Deduction while filing 1040-NR
    Hi, I am doing my taxes for 2008. I am currently on F1/OPT and citizen of India. Since I have moving expenses related to my job I am filing 1040 NR. But this form has itemized deductions, whereas I want to claim standard deduction of $5450. Can someone help with this ? What should I do ?

    Should I fill out the Schedule A for itemized deductions but use $5450 in line 37 of 1040NR or should I leave the schedule A empty and fill $5450 in line 37.

    I am allowed to claim Standard deductions due to US-India Tax treaty article 21(2).
    I am also confused if I should include Standard deduction amount on line 22 of 1040NR ?

    Thanks
    sandeepg's Avatar
    sandeepg Posts: 19, Reputation: 1
    New Member
    		  
    #2

    Mar 29, 2009, 09:26 PM

    Please help !
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    May 19, 2009, 02:16 PM
    Sandeepg:

    Yes, under the U.S.-India Tax Treaty, you CAN claim the standard deduction on Form 1040NR.

    Do NOT include the Schedule A.

    Next to the standard deduction on the dotted line on Line #37, neatly print: "Standard deduction authorized under U.S.-India Tax Treaty"
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