Hypothetical Scenario:

  • I work as an employee (not a contractor) of a US corporation based in UT
  • I am not a permanent resident of the US (i.e. no green card or US citizenship)
  • I am an Indian citizen and live in India and work remotely
  • I get my paycheck credited to my US bank account
  • My employer deducts the federal and state taxes

  • Question-1 : Can I file 1040NR if I have been outside of the US for the full year ? (my assumption is that it is for someone who has been in the US for less than a specified days. I am not sure if this is valid for someone who has not been in the US at all)

  • Question-2 : If answer to Question 1 is yes , approximately how much standardized return should I expect on federal tax and state tax ? Should all of it be returned since i will also claim credit for the taxes I have to pay on the same income in India

I am aware of form W8BEN which I can submit to my employer to declare that I am a non US person and have them deduct nothing from my income. I am just trying to have minimal modifications at my employers side

1 Answer 1


Yes, you can still file a 1040nr. You are a nonresident alien and were:

engaged in a trade or business in the United States

Normally, assuming your withholding was correct, you would get a minimal amount back. Income earned in the US is definitely Effectively Connected Income and is

taxed at the graduated rates that apply to U.S. citizens and resident aliens.

However, there is a tax treaty between US and India, and it suggests that you would be taxed on the entirety of the income by India. This suggests to me that you would get everything that was withheld back.

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