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-   -   H1B exemption (https://www.askmehelpdesk.com/showthread.php?t=167368)

  • Dec 31, 2007, 11:22 AM
    LIFEZOE
    H1B exemption
    I arrived at the United State on 17 Dec. My visa status is H1B. My posistion in the US is a postdoctor in a university. I came from China. According to the US-China tac treaty, Could I claim exemption for 2008?
  • Jan 1, 2008, 04:23 AM
    MukatA
    In the U.S.-China tax treaty, there is no special treatment for one year for H-1B visa holders. What or which exemption are you enquiring about?
  • Jan 2, 2008, 09:09 AM
    AtlantaTaxExpert
    China DOES have a tax treaty exemption of $5,000, but that is for students and visiting researchers.

    The H-1B visa is a work visa, so the treaty exemption will not apply.

    However, you will file as a non-resident alien for 2007, and your $3,400 personal exemption will probably exceed the income you earned in the 15 days in 2007 that you worked.

    In 2008, you will file as a resident alien just like the average U.S. citizen.

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