pk
Level 15
Level 15

Deductions & credits

@ng92 , generally agreeing with my colleague @Vanessa A ,  the US-India Tax treaty does allow standard deduction for students on F-1 from India  but it stipulates this in a round about way -- It wants India students to be treated same as American and/or resident for tax purpose students.

Therefore  it is a matter of interpretation on how to proceed  i.e.  America/Resident students   with filing status of Married Filing Sep ( equivalent to F-1 married students  form 1040-NR )  have the additional restriction of both taking the same type of deduction.   My interpretation of the situation is that since one spouse is filing  with itemized deduction, the other spouse must also follow suit .

 

Others may disagree with my strict interpretation  of the intent of the law.  

 

Is there more I can do for you?   If you need more, please  provide  dates of both your and your spouse's entry  and if this is your first entry within the last three years.

 

Namaste

pk