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-   -   H1B - 1040R - Treaty Benefits (https://www.askmehelpdesk.com/showthread.php?t=312083)

  • Feb 2, 2009, 03:31 PM
    shaaka_786
    H1B - 1040R - Treaty Benefits
    I've been on H1B for 2 years (greater than 183 days). I filed dual status the first year. I undertand that this year I have to file my taxes as a resident. Can I still claim treaty benefits between US and my country of residence? That is, can I file 1040(R) and form 8833? If no, then what's the most beneficial way for me to file my taxes as an H1B with substantial residency.

    Thank you.
  • Feb 3, 2009, 02:16 PM
    AtlantaTaxExpert
    Generally, once you start filing as a resident alien, you LOSE all treaty benefits.

    There are exceptions, but they are rare.

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