Hi,

I am from France and I came to the US two years ago under a J1 for research purposes.
I came back to France for a year.
I am now on an F1 visa. I am a student in a different field than my initial trip as a J1.

I am wondering if I can claim the tax treaty exemption of $5,000.

If I did not have this J1 stay, I know for sure that I can claim it. What about now?

Thanks.

On F-1 you will get treaty deduction for 5-years. You must reduce this 5-year period by number of years you had J-1 visa.
You will file Form 1040NR or 1040NR-EZ with Form 8843. http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html

Thanks for your advice. I used a software to fill my forms and if I mention my stay as a J1 in 2008 and 2007, it says that I cannot claim for the tax treaty. If I don't mention my stay as a J1 in 2008 but still mention my stay as a J1 in 2007, it says that I can claim for the treaty. Do you know what's going on? Thanks.

Send email to the software support.

I already did it but they claim that the software is flawless. They don't want to explain the reasons the software is reacting like this.

Quant33:

Software does NOT think or apply all the variables; it simply runs algorithms.

What MukatA tells you is true under sub-paragraph (c) of Article 21:

(c) The benefits of this paragraph shall only extend for such period of time as may be reasonably or customarily required to effectuate the purpose of the visit, but in no event shall any individual have the benefits of this Article and Article 20 (Teachers and Researchers) for more than a total of five taxable periods.