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-   -   Can I file China/US treaty when I have green card and I'm a full time student (https://www.askmehelpdesk.com/showthread.php?t=551943)

  • Feb 6, 2011, 01:44 PM
    Faye_Z
    Can I file China/US treaty when I have green card and I'm a full time student
    I came to US in 2007 as F-1 student, now I'm still a full time student. However, I got my green card in Jan 2010.
    Now I'm filing my 2010 tax return. I heard that as long as I'm a full-time student, I still can get the 5000 treaty. Is this true? Then should I file 1040 or 1040NR?

    Thanks,
  • Feb 19, 2011, 10:53 PM
    AtlantaTaxExpert
    NOT as a green card holder. When you accepted the green card, you became fully liable for all U.S. taxes and forfeited any benefits of the U.S.-China Tax Treaty.

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