Hi Tax Experts,

I am an Chinese citizen and came to US on 27th August 2008 on H1B Visa. Since then, I have been working in USA. Now I have some questions about filing tax return forms. Your help is greatly appreciated!

In the tax year of 2008 I do not satisfy the Substantial Presence Test. I can file only the nonresident tax return Form 1040NR or 1040NR-EZ. I work in IT field for a non-profit organization. Can I claim the US-China tax treaty benefit? If yes, which form can I file to claim the treaty?

Thank you very much for your time.

L Yan

If you are single, you can only file nonresident tax return. There is no treaty benefit for H1-B.

Thank you for your answer!