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    vyasjayesh's Avatar
    vyasjayesh Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 8, 2009, 12:26 AM
    Tax treaty deduction on F-2 visa
    Hi,

    My wife came to US on Sept 7, 2007 on F-2 visa. She moved to H1B visa on Oct 1 2008, and remained on H1B status till Dec 31 2008. After that she left her job, went to India, and got back on F-2 visa, and is currently on F-2 visa. I am currently on F-1 visa.

    We are filing out income tax as "married filing separately". My wife is filing her taxes as a non-resident.

    Can somebody tell me whether she can also avail the $5,450 standard deduction under tax treaty with India?

    I will appreciate any help/references in this regard.

    Thanks in advance.
    -Jayesh
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 8, 2009, 08:13 AM

    For 2008, your wife is nonresident (unless you qualify to file joint return as residents). She must pay FICA taxes on her income and will not get treaty deduction. Read: http://taxipay.blogspot.com/2008/03/...s-for-non.html
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