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-   -   Eligible for US-China tax treaty? (https://www.askmehelpdesk.com/showthread.php?t=645281)

  • Mar 22, 2012, 09:12 AM
    g0601155
    Eligible for US-China tax treaty?
    Hi,

    I am a malaysian holding working visa in China (work in China) and I come to US under J1 visa for collaboration. As I know, under US treaties with other countries, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the United States. So, am I eligible for the US-China income tax treaty?

    Regards,
    Alvin Chua
  • Mar 22, 2012, 12:20 PM
    AtlantaTaxExpert
    Maybe.

    HOW LONG were you in China?

    Also, HOW LONG were you in the U.S. and are you being paid by a U.S. source (U.S. company) or are you still be9ing paid from China?
  • Mar 22, 2012, 12:51 PM
    g0601155
    Hi,

    I hold the chinese working visa for only a few months before I came to US. But before I got my working visa, I was holding F visa (visiting scholar) for 2 years in China.

    I came to U.S. early this year and will stay for approximately 1 year. Also, I am paid mainly by U.S. company and partially by China company.

  • Mar 22, 2012, 02:02 PM
    AtlantaTaxExpert
    In my opinion, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.
  • Mar 22, 2012, 02:12 PM
    g0601155
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    IMHO, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.

    Thank you for your opinion. :)

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