pk
Level 15
Level 15

Deductions & credits

@academicsheep , having read through your post and  answer by my colleague @DaveF1006  ( and agreeing), I would like to draw attention to a few things:

(a)  US-India Tax treaty  requires an Indian student to be treated the same as a domestic student for  tax purposes.  Thus the limitation of 1040-NR  to allowing  ONLY itemized deduction is  rescinded and therefore an Indian student can choose standard deduction if it benefits him/her.

(b)  But this freedom  ( to be treated like domestic student ) comes with other  rules.   Married  tax payers filing separately ( MFS) are required to choose the same deduction method i.e. if one chooses itemized then the other must choose the same  type. 

(c) Also because you are married , you can indeed choose to file MFJ  ( if she has a tax id ) by requesting to be treated as a resident for tax purposes  ( because she is married to a Resident Alien  ( or Resident for Tax purposes).

 

Your suggested path would be considered double dipping  and would not be allowed.

 

Is there more I can do for you ?

 

Namaste ji

 

pk