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

    Apr 13, 2009, 07:21 AM
    How to claim German tax treaty for US tax return
    Hi,

    I am a German national but have become resident in the US because of the substantial presence test. Still, I think I should be able to claim the tax treaty on my scholarship payments, since I am here for less than 2 years. (I collected presence days from an earlier stay). The taxes have been withheld from that payment, so I want to have that back, if possible and legal.

    Which forms do I need to fill out and send to the IRS besides the 1040? W-9? 8833?
    Is there anything else I should consider?
    My wife is nonresident alien, but we want to file jointly as residents. Is that OK?
    Can I get the medicare and social security taxes back?

    Thanks!
    Sebastian
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2009, 11:23 AM
    Sebastian:

    I need more information. Please provide the timeline for when you were in the U.S. under ALL visas, for both yourself and your wife.
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!

Can tax resident claim treaty [ 2 Answers ]

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...

German/American Tax Treaty [ 1 Answers ]

Hello all, I have a complicated question and situation. I am a American citizen who resides in Germany. There was a recent Tax Ratification between the two nations. Now the qestion is, I am a registered resident and a American citizen who is employed by the United States Consular Mission to the...

German/American Tax Treaty Exemption for Trainees [ 1 Answers ]

Hi! I am a German legal clerk. Last year I did a 3 months internship in an American lawfirm. I entered the US with a B1 Visa ("unpaid legal clerkship"). (This was possible at that time. Nowadays, all legal clerks have to apply for J1 visas) The american lawfirm paid me 1500$ a month as...

F1 (OPT) and H1B for 2007 -can I claim tax treaty exemption? [ 1 Answers ]

Hi, I was in the US under F1 status between beginning of 2006 and the end of September 2007, and on OPT between January 1st, 2007 until end of September 2007. I switched to H1 status on October 1st, 2007, and am now still under that status (but remained with the same employer, and therefore...

View more questions Search