Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   How to claim tax treaty when change of status NR/Resident occurred during the year? (https://www.askmehelpdesk.com/showthread.php?t=453497)

  • Mar 2, 2010, 01:43 PM
    bannou
    How to claim tax treaty when change of status NR/Resident occurred during the year?
    Hi,

    I am a French postdoc that arrived in the US in Nov 2007. Until Nov 2009 I was under the tax treaty exemption meaning that my University started to withhold taxes in Nov 2009 (my FICA and medical taxes started in Jan 2009).
    I am wondering how to fill my tax return since I want to claim that tax treaty and that my status changed from non resident to resident for this year. Should I fill the 1040NR with the amount that was not subject to withholding and then a 1040R with the taxes for the 2 months Nov-Dec ?
    Thanks for any kind of help.
  • Apr 26, 2010, 01:20 PM
    AtlantaTaxExpert
    You will file as a non-resident alien, because the time under the J-1 visa does NOT count for the Substantial Presence Test (SPT).

    Hence, you have NOT YET met the SPT for 2009, requring you file as a non-resident alien, filing Form 1040NR and Form 8843.

  • All times are GMT -7. The time now is 12:51 AM.