DanaB27
Employee Tax Expert

Deductions & credits

No, for 2021 you are considered a nonresident since you haven't met the Substantial Presence Test you will have to file Form 1040-NRTurboTax does not support Form 1040NR for a nonresident.  You can prepare your return through a company we partner with called Sprintax

 

You cannot file married filing jointly as nonresidents. Generally, you have to itemize on Form 1040-NR. 

 

But the "standard deduction for certain residents of India. Students or business apprentices may be able to take the standard deduction on Form 1040-NR, line 12a, instead of their itemized deductions if they are eligible for benefits under Article 21(2) of the United States-India Income Tax Treaty." (Instructions for Form 1040-NR page 21)

 

Please be aware, you start counting the days for the Substantial Presence Test on Oct 1, 2021.

 

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