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    shwarm's Avatar
    shwarm Posts: 3, Reputation: 1
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    #1

    Mar 27, 2009, 03:59 PM
    1040NR - line 21 exemption for Italian trainee
    How much income is exempted from 2008 Income taxes under Article 21 of the US-Italy Tax Treaty for an Italian mgmt. trainee who arrived in October, 2008 on a J1 visa working in the US for an international Hotel company here for a temporary 1 year assignment?

    Is it $0 or all of his earnings? What number goes on line 21?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 27, 2009, 05:32 PM

    As per the treaty there is no deduction on the income in the U.S.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    shwarm's Avatar
    shwarm Posts: 3, Reputation: 1
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    #3

    Mar 27, 2009, 06:11 PM
    Quote Originally Posted by MukatA View Post
    As per the treaty there is no deduction on the income in the U.S.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    The Italian trainee came over with a French trainee under the same circumstances and to the same employer. The only difference is that one holds a French passport, the other an Italian passport.

    It is my understanding that the Frenchman under the France-US Tax Treaty can exempt $5,000 from his income on line 8 of 1040NR and insert $5,000 on line 22.

    From your answer, I gather that the Italian cannot exempt any income. So, line will include his entire W-2 income and line 22 is basically $0. Is that correct?

    Is the above info correct for the Frenchman?
    shwarm's Avatar
    shwarm Posts: 3, Reputation: 1
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    #4

    Mar 27, 2009, 06:17 PM
    The Italian trainee came over with a French trainee under the same circumstances and to the same employer. The only difference is that one holds a French passport, the other an Italian passport.

    It is my understanding that the Frenchman under the France-US Tax Treaty can exempt $5,000 from his income on line 8 of 1040NR and insert $5,000 on line 22.

    From your answer, I gather that the Italian cannot exempt any income. So, line 8 will include his entire W-2 income and line 22 is basically $0. Is that correct?

    Is the above info correct for the Frenchman?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #5

    Mar 27, 2009, 07:00 PM

    Yes, France tax treaty has a deduction of $5000.
    Go to Internal Revenue Service and read IRS Publication 901: Tax Treaties; page 20 for France and page 22 for Italy.

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