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italianj1
Oct 6, 2010, 11:24 PM
"I am Italian and I am working in the US as a researcher. They are telling me that The institute I work for is not directly linked to any university and cannot be considered an educational institution. It's also not a medical facility. Therefore I am not qualified for tax exemption.Still, I am not working for a company and I am here as a postdoc researcher with a J1 Visa. As stated by the treaty :'The exemption does not apply to income from research carried on mainly for the private benefit of any person rather than in the public interest'. I don't believe this applies to my situation. Am I exempted for the first two years or not? Thank you

AtlantaTaxExpert
Oct 8, 2010, 09:27 AM
The treaty is clear in stating that the sponsoring organization MUST be an educational institution.

If your sponsor specifically states that they do NOT qualify as an educational institution, I would be reluctant to argue with them.