Hello, I am a research scholar working in the US on J1 visa. I am from China. Am I required to pay income tax, etc. I came here 5 month ago as a j2, and back China for 2-3 monthes, then back here as J1 . I’m not sure whether one is exempt from taxes on J1 visa. I do not know about the tax treaty between China-US for research scholar on J1 visa. Could you please help me with this reply? Thank you


again, I'm sorry to bother you again, the officer in finance office said that:"You were here as a J-2 visa holder and did not stay
out of the U.S for one full year before returning as a J-1. This excludes you from the treaty benefit. " I s that right? I think no matter how long I stay out of the U.S ,I'm a research scholar from P.R.China , AND I'm here to do research.

MukatA

If ypu are here to do research, you don't pay income tax for 3 years.

Read here: Your U.S. Tax Return: U.S. Tax Treaties for Professors, Teachers and Researchers

wyp68

I'm sorry to bother you again, the officer in finance office said that:"you were here as a J-2 visa holder and did not stay out of the U.S for one full year before returning as a J-1. This excludes you from the treaty benefit. "
Is that right?
I think no matter how long I stay out of the U.S , I'm a research scholar from China , and I'm here to do research

MukatA

As far as I know J2 is exempt from residency. But J2, if gets work permission, must pay FICA taxes. Also on J2 you were not present in U.S. as teacher, trainee or student.

So you should get the treaty benefit. Even if we count 5 months of J2, you still have 2 years exemption.
Call IRS and discuss.

The Texas Tax Expert

This is a little too complex to discuss on the board. If you would like me to explain it to you, please contact me via PM or email me at

MukatA

You should also read line 8 of Form 8843.

wyp68

my wife is not in america now, she has finished her study in america. if this can be reason of my exemption.

wyp68

When it comes to US-China's tax treaty it has to do with where your husbands
> funding will be coming from. You're telling us that he will be an
independent
> individuals, if he is treated as an independent contractor, those payments
> would go through Accounts Payable. The tax treaty for that type of payment
is different. He would only be exempt if he stayed in the US for less then 183
> days. If he's being paid as an employee, he would be eligible to claim the
> treaty for the 3 years but the treaty would start with his arrival date being
> this month when he comes over on the J2. The tax treaty goes by arrival date
> into the US, and your husband wouldn't have a new arrival date when he comes
> back on the J1 because he wouldn't be out of the US for more then 365 days.
> The rule states that he would need to reestablish himself back in his home
> country of China to have a new arrival date and that means he would have to
be out of the US for more than 365 days.

wyp68

I've called IRS and discuss with the expert on treaty,she said I should enjoy the treaty benefit. That's the answer.