pk
Level 15
Level 15

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@samartur , while your CA tries  to get a positive response from Indian IT, it is a reasonable possibility that India would argue that article 19 does not apply here . The treaty is between  US federal  taxing authority and Indian taxing authority.  Thus  the State of CA and its govt. instrumentalities are NOT a cognizant party for p[urposes of article 19 of the tax treaty.   Therefore I would suggest that you be ready to file an amended US federal return claiming "foreign tax credit" under the  "avoidance of double taxation" article.

 

Also I want to make sure that  you recognized this CA state pension as a 1099-R  ( pension ) and not  "other investment income" mentioned in your reply.

 

Is there more I can do for you ?

 

Namaste ji

 

pk