How to file tax return in US and claim refund of excess tax deducted from salary, both in India and aborad?
Query: They have deducted taxation for my tanned income member when i was onsite, both in US as well as in India. Should i record a taxation lapse in US? How to explain a stand in taxation good in India when i record my lapse in India? Thanks
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.
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Comments: One comment
All the IRS TAX fields that are marked with REQ must be filled when searched for how to claim refund for double taxation india IRS,
v b
December 25th, 2009 at 5:48 am
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.
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