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-   -   IS there any tax treaties for student that previously was a short term scholar? (https://www.askmehelpdesk.com/showthread.php?t=547635)

  • Jan 24, 2011, 10:03 PM
    AlexPRN
    IS there any tax treaties for student that previously was a short term scholar?
    Hello,
    I was a short-term scholar in a university in USA for the following period 09/01/2009 – 02/28/2010 (6 months). Upon the completion of my work in the university, I have returned to the country of my residency. 10 months (less than a year!) later, I came back to USA to start a PhD program at the same university (01/12/2011). According to the program I'll receive a stipend (wages) from the university.
    My question is: Am I eligible for treaty exemption for the income taxes (both federal and NY state)?
    Thanks in advance for any information
  • Jan 24, 2011, 10:20 PM
    AlexPRN

    I would like provide more information:
    1. It was J1 short-time scholar VISA.
    2. Now, I have J1 student VISA.
    3. My country of residency: Israel.
    Thanks!
  • Jan 28, 2011, 03:45 PM
    AtlantaTaxExpert
    You ARE entitled to the treaty benefits authroized to students for up to five years.

    Your previous time as a scholar DOES count against that five year limit, so Calendar Year 2011 is your THIRD year of FIVE years available to you. You can claim a treaty exemption of $3,000 against income earned within the United States.

    NY state DOES honor tax treaties.

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