J1 Research scholar Tax treaty Germany

[Bpai]

Hi I am a J1 Research scholar (Postdoc trainee) in New York since June 14th,2021. I have an Indian Passport but have permanent residency in Germany and have been in a tax payer for 9 years in Germany. As I understand it, I am eligible for US-Germany tax-treaty based exemption for two years (non-calendar).

i) Is it possible to claim refund for 2021 and file accordingly for 2022.

ii) Is it correct that I should not use Turbotax like platforms to file taxes, as a non-resident?

Any advise or suggestions appreciated.

Thanks,

BP

[pk]

@Bpai  as resident of Germany, with whom US has a tax treaty, and under the assertions of article 20 (1), as a researcher/ trainee you are indeed  (a) treated as a Non-Resident Alien , temporarily present in the USA for two elapsed years __ possible to extend to 3-4 years ; (b) your US  wages / earnings are not taxable in the USA for up to two years; and (c) you file form 1040-NR  ( not supported by TurboTax but facilities like SprinTax, your school's foreign student office  etc. etc. ) and you exclude your income from US taxes  asserting US-German Treaty article 20 (1) on schedule OI  of form 1040-NR.

Does this answer your query ?   Is there more I can do for you ?

Namaste , Pai ji

pk

[Bpai]

Namaste pK,

Thanks so much for the detailed info. That helps.