Hi,

I am a German national but have become resident in the US because of the substantial presence test. Still, I think I should be able to claim the tax treaty on my scholarship payments, since I am here for less than 2 years. (I collected presence days from an earlier stay). The taxes have been withheld from that payment, so I want to have that back, if possible and legal.

Which forms do I need to fill out and send to the IRS besides the 1040? W-9? 8833?
Is there anything else I should consider?
My wife is nonresident alien, but we want to file jointly as residents. Is that OK?
Can I get the medicare and social security taxes back?

Thanks!
Sebastian

Sebastian:

I need more information. Please provide the timeline for when you were in the U.S. under ALL visas, for both yourself and your wife.