Hi,

I'm from China, entered U.S. last Dec. Hold J-1 research scholar visa, single , no dependents. I'm in the National Center for Atmospheric Research. I'm eligible to the US-China tax treaty Article 19.

I have a few questions about filling out 1040NR-EZ and 8843

1. I'm a research scholar, neither Teacher nor Trainee nor student, should I file 8843 with 1040NR-EZ at the same time?

2. If I need to file 8843 at the same time, how to fill out it, just the Part I?

3. I only have one W-2 with box 1, box 12b-12d and box 14 filled amount. For the LINE 3 of 1040NR-EZ, should I fill $0 or the amount filled in Box 1 of W-2?

4. I'm in Colorado, should I file CO at the same time or just only file federal?

5. If I need to file CO at the same time, which form I should file?

Thanks

Jerry

Jerry:

If you received a W-2 with Box #1 filled in, then your employer does NOT consider you to be a researcher. If he did, Box #1 would have been blank. This being the cae, you need to complete both Forms 1040NR-EZ and 8843, claim the $5,000 treaty exemption and itemize, claiming state and local income taxes withheld as a deduction.

Now, if you determine that you ARE completely exempt from income taxes, then you need to submit Form 8833 with the return to cite the appropriate treaty provisions.

Colorado does NOT honor the treaty, so a state tax return for Colorado is required.

If you need professional help filing your return, email me at [email protected] or [email protected].

Jerry:

If you received a W-2 with Box #1 filled in, then your employer does NOT consider you to be a researcher. If he did, Box #1 would have been blank. This being the cae, you need to complete both Forms 1040NR-EZ and 8843, claim the $5,000 treaty exemption and itemize, claiming state and local income taxes withheld as a deduction.

Now, if you determine that you ARE completely exempt from income taxes, then you need to submit Form 8833 with the return to cite the appropriate treaty provisions.

Colorado does NOT honor the treaty, so a state tax return for Colorado is required.

If you need professional help filing your return, email me at [email protected] or [email protected].

Thank you very much for your reply.

HR showed me the US-China tax treaty ARTICLE 19, let me complete the "NONRESIDENT ALIEN STATEMENT OF REDUCED WITHHOLDING" and I DID NOT complete the W-4. So I think I am completely exempt from income taxes.

I do need professional help filing my return.