Ask Experts Questions for FREE Help !
Ask
    Yajie's Avatar
    Yajie Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 12, 2009, 01:35 AM
    Can tax resident claim treaty
    I am a F-1 student since Dec 2003. All these years I used our university software to file 1040NR-EZ tax form and get refund because of the US-China (PRC) $5000 treaty. This year I can not use it anymore as my status becomes tax resident. Which form should I file if my only income is from the university paying for my RA? And can I still claim for the treaty? I would greatly appreciate your answers.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 12, 2009, 11:52 AM

    On the resident tax return you get standard deduction of $5,450. You do not get treaty deduction and must pay SS tax and Medicare tax.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Mar 2, 2009, 04:25 PM
    Actually, under an exception to the Savings Clause in the U.S.-China Tax Treaty, the OP CAN claim the $5,000 treaty exemption as a negative number on Line #21 of Form 1040.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Resident Alien claim China-US tax treaty benefits? [ 8 Answers ]

Hi, I am a citizen of People's Republic of China and currently studying in the states as a F1 student. This is my sixth year in the states. I just recently married to an American citizen. We filed my green card application in early June, 2007. We are expecting to adjust my status to permanent...

OPT then H1B in Taxes treaty resident non-resident [ 3 Answers ]

Hi guys, I was reading your posts and found that you were great help for others. I have one short question whether I should file as resident or non resident. Here is my information F-1 Status: Jan, 2007 till 1st of Oct,2007 H-1B Status: 1s October, 2007 till now I was paying medicare and...

Resident alien student, failed to file W8BEN form, how to claim treaty benefit [ 3 Answers ]

Hey, I am a student from mainland China. 2006 is my sixth year in US as a PhD student and I lost my non-resident status. I bought some stocks in 2006 and failed to file W8BEN form with the stock trading company. It turns out they withhold 28% of the transaction value. I am using Turbo tax...

F1 > 5 years. How to extend non-resident status to claim treaty ? [ 3 Answers ]

Hello, I have been on the F1 status since Aug 2001. Apart from my 6-month travel break in 2004, I have not left the country. My question is regarding my filing status (federal and state). I believe I am a resident now, as I have stayed in F1 longer than 5 years. Is there a way to extend this...


View more questions Search