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

    Jan 8, 2010, 08:54 PM
    Tax returns in USA if less than 180 days stay in USA
    Hi,

    I am from Inida.I stayed less than 180 days in US. My total Fedral tax deducted was $3261 and social security tax was $1510. Will I be freed from paying these tax. How much percent of the tax I will returned.

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 8, 2010, 09:50 PM

    ARTICLE 16. Dependent Personal Services
    Income that residents of India receive for personal services performed in the United States as employees (dependent personal services) is exempt from U.S. income tax if the residents meet three requirements.
    • They are present in the United States for no more than 183 days during the tax year.
    • The income is paid by, or on behalf of, an employer who is not a resident of the United States.
    • The income is not borne by a permanent establishment, fixed base, or trade or business the employer has in the United States.

    Your income is taxable. File your tax return as nonresident.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Jan 9, 2010, 06:51 PM
    Agreed; the fact that FICA (Social Security and Medicare) taxes were withheld clearly shows your income was borne by a permanent establishment and thus fully taxable.

    Now, you can probably deduct your daily living expenses as an itemized deduction by filing Form 2106 with the Form 1040NR. This assumes you got NO daily per diem stipend.
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