I came to USA on H4 visa from P.R. China on October in 2005. Now I have change my status from H4 to H1b on January in 2006, Can I benefit from exemption of tax based on tax treaty between China and US in 2006?

Thanks alot!

AtlantaTaxExpert

BirdCyan:

I do not believe so. The treay exemption are for those Chinese citizens who are students, teachers, researchers or business trainees.

An H-1B visa is a work visa. I believe that the H-4 is for a dependent of someone on a H-1B visa. In either case, I don't think you qualify.

You can do more detailed research by downloading IRS Pub 901 from www.irs.gov. You can also access www.thetaxguy.com and post your question on that specialized tax forum.

birdcyan

I just work in an university as a postdoc fellow. Cann't I be taken as a researcher?
As I know, many H1b visa holders can benifit from exemption of tax in the proceeding three years depended on the tax treaty between US and P.R. China. Is there any difference bwtween them and me, who just change my status from H4 to H1b? Am I qualify for the treaty exemption or not? Great thanks for your helps!

AtlantaTaxExpert

BirdCyan:

I cannot your questions without detailed research, which I will not do without compensation (not during this very busy part of the tax season).

Recommend you post your question on the forum at www.thetaxguy.com, which is a site that specializes in tax matters for international taxpayers.