How To File Tax Return In Us And Claim Refund Of Excess Tax Deducted From Salary, Both In India And Aborad?

17 Jan

Posted by as India

Query: They have deducted tax for my indian salary component when i was onsite, both in US and in India. Should i file a tax return in US? How to claim the double taxation benefit in India when i file my return in India? Thanks

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One Response

the tax lady

January 17th, 2010 at 4:32 pm
1

You need to determine if you are a US resident for tax purposes or not.
You need to allocate your income as US-source (any days you worked in the US).
India
Income that residents of India receive for performing personal services in the United States during the tax year as independent contractors or self-employed individuals (independent personal services) is exempt from U.S. income tax if the residents:
Are present in the United States for no more than 89 days during the tax year, and
Do not have a fixed base regularly available to them in the United States for performing the services.
If they have a fixed base available, they are taxed only on income attributable to the fixed base.
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.