Hi,
I am citizen of China and entered in US on F-1 visa in 2005. My status was changed from OPT to H-1B in Oct, 2008. My wife is a student on F-1 visa. I filed extension and am considered as resident alien to file form 1040.
I was wondering how I can fill out form 8833 for my wife to claim $5000 under the US-China tax treaty since my wife didn't have any income in 2008.
Thanks
M

No, you can not claim $5,000 as your wife does not have any income.

Thanks.
Forget to mention that we filed jointly. Is there any way to claim $5000 for my wife?

Actually, you CAN claim BOTH your wife's AND your China treaty exemption on your 2008 joint return. File Form 1040 and enter $10,000 as a negative number on Line #21.

For 2009 and beyond, you can continue to claim your wife's treaty exemption by entering the $5,000 as a negative number on Line #21.

Thanks, AtlantaTaxExpert.
But I have a problem to fill out Form 8833 (my wife doesn't have income in 2008)): shall I just fill out one form 8833 for me and my wife? Or shall we fill out form 8833 separately (one for me, one for my wife)? I am confused.

One Form 8833 is all that is required. You just need to explain your interpretation of the exemption clearly on the one Form 8833.

The fact that you are filing jointly makes the detail that your wife has no income irrelevant when it comes to claiming the treaty exemption, because your joint filing causes the IRS to treat you both as a single economic unit.

Understood.
Since there is only one place to put name and SSN, I assume I need put my wife's information (name, SSN, address) in the explanation (Line 5), right?
I appreciate your help.
M

Yes, you can put your wife's name and SSN in the explanation (Line #5).

Atlanta Tax Expert, thanks!
You are really helpful! Help me save over $700!

Glad to help!