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    nganesa1's Avatar
    nganesa1 Posts: 2, Reputation: 1
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    #1

    Mar 5, 2015, 09:54 PM
    US India Tax treaty amount on 1040NR return for F1 to H1b transition
    Hello ,

    I was on F1(then OPT) Visa from Jan 1 2014 till 30th Sept 2014.My visa status changed to H1B on October 1 2014. For 2014 , the US India tax treaty amount is $6200.Can I claim the entire 6200 dollars as deductions on my 1040NR return even though I was not on a student visa for the entire year ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 6, 2015, 12:56 AM
    Yes, you can claim the full $6,200 standard deduction as allowed under the U.S.-India Tax Treaty, because you are still considered to be a non-resident alien until you meet the Substantial Presence Test, which will not happen until 1 June 2015.
    nganesa1's Avatar
    nganesa1 Posts: 2, Reputation: 1
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    #3

    Mar 6, 2015, 07:02 AM
    Thank you !
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 6, 2015, 08:54 AM
    You are welcome!
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