pk
Level 15
Level 15

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@Sbs0515 , 

  generally the wording of  a treaty makes it pretty clear whom can tax the income  such " only may be taxed" or  "can also be taxed by ..".  In case of Tax treaty with India  it just says that the "researcher ", while engaged  in research  for public benefit is exempt  from taxation on the wages etc. -- so the lack of any mention of  " may also be " taxed language  leads me to believe that the exemption  of taxation applies to  both ;parties since the income is sourced to only one of them  and  where the  "researcher " is currently residing.

 

I have tried to peruse the Indian  tax code  ( it is extremely difficult to view the code with any specificity and site is very low on "useability scale " -- IMHO ) and there is no mention of this under international or otherwise.  The residency clause  generally uses  one of two tests.

 

I therefore surmise , and assuming g that you are here for  "public  benefit " research at an educational institution, your earnings  in the USA from this effort is  no taxable to the USA .  You also had/ have to file a form  8233 with your employer ( suggest you consult your school " foreign students " office -- they have a lot experience in this area ).

 

You still have to file India  return for the period of the fiscal year  that you earned in India.

 

Does that make sense to you ?

 

pk