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Non Resident Tax less than 183 Days 1040NR

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  • Non Resident Tax less than 183 Days 1040NR

    Hi,

    I came to USA on Sep 1 2016 on H1B which is less than 183 days of FY. I am an IT Consultant working for Germany Company.
    I was reading Article 25 and Article 16 of India US tax treaty, does of any these article helps to get the tax refund both federal and state for this year ?

    Your help is highly appreciated. My tax consultant has no idea about this.

    Regards
    Kishore.

  • #2
    Kishore, you should work with a tax-return preparer who can confidently answer your questions

    Your questions suggests that you earned US source income in 2016. US source income is generally subject to US taxes regardless of your status as a resident or nonresident for tax purposes. It also suggests you are neither a student nor a business apprentice from India, so you do not benefit from the preferential tax regime under the India-US tax treaty

    Your tax preparer should assess your tax liability and let you know whether you owe further tax payments, or can obtain a refund for excess payroll withholding.

    Comment


    • #3
      Originally posted by inadmissible View Post
      Kishore, you should work with a tax-return preparer who can confidently answer your questions

      Your questions suggests that you earned US source income in 2016. US source income is generally subject to US taxes regardless of your status as a resident or nonresident for tax purposes. It also suggests you are neither a student nor a business apprentice from India, so you do not benefit from the preferential tax regime under the India-US tax treaty

      Your tax preparer should assess your tax liability and let you know whether you owe further tax payments, or can obtain a refund for excess payroll withholding.
      Thanks for the reply. The Tax Return Preparer has no idea. He rather asks me about the india us tax treaty.
      Wondering if anyone call help me here.

      Comment


      • #4
        Originally posted by Kshr Kr View Post
        Hi,

        I came to USA on Sep 1 2016 on H1B which is less than 183 days of FY. I am an IT Consultant working for Germany Company.
        I was reading Article 25 and Article 16 of India US tax treaty, does of any these article helps to get the tax refund both federal and state for this year ?

        Your help is highly appreciated. My tax consultant has no idea about this.

        Regards
        Kishore.
        Let make it litle correct, "183 days during the last 3 year or 31 days during 2016" So, you are qualified as resident alien.

        Comment

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