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g0601155
Mar 22, 2012, 09:12 AM
Hi,

I am a malaysian holding working visa in China (work in China) and I come to US under J1 visa for collaboration. As I know, under US treaties with other countries, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the United States. So, am I eligible for the US-China income tax treaty?

Regards,
Alvin Chua

AtlantaTaxExpert
Mar 22, 2012, 12:20 PM
Maybe.

HOW LONG were you in China?

Also, HOW LONG were you in the U.S. and are you being paid by a U.S. source (U.S. company) or are you still be9ing paid from China?

g0601155
Mar 22, 2012, 12:51 PM
Hi,

I hold the chinese working visa for only a few months before I came to US. But before I got my working visa, I was holding F visa (visiting scholar) for 2 years in China.

I came to U.S. early this year and will stay for approximately 1 year. Also, I am paid mainly by U.S. company and partially by China company.

AtlantaTaxExpert
Mar 22, 2012, 02:02 PM
In my opinion, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.

g0601155
Mar 22, 2012, 02:12 PM
IMHO, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.

Thank you for your opinion. :)