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icywinter · Sep 9, 2009, 04:16 PM

Hi, folks

Currently I am a postdoc in a university in US with J1 visa and I come from China.

In February, 2009, it was my first time to come to US with a F2 visa and I used that visa to visit my wife twice before the summer. Later, I went back to China and had a visa interview there to get the J1 visa to carry on research in US. I know there is a treaty between China and US and it said that for people with J1 visa do not need to pay income tax for 3 years. However, the lady who helped me to fill in tax forms today said that I am not qualified for the tax exempt since I have been in US with a F2 visa and have not stayed in China for 365 days before I came to US again with the J1 visa. It is kind of complex and I am super confused now. :confused::confused::confused:I am doing research now in US and I think definitely the tax exempt should be applied to me. Can anyone tell me if I can have that tax exempt? Thanks.

AtlantaTaxExpert · Sep 10, 2009, 07:40 AM

I do not think your previous F-2 visa status will affect your current J-1 visa. I see nothing on the tax treaty that requires you re-establish residency in China before coming to the U.S. under the J-1 visa.

However, I also not sure that your current J-1 visa qualifies you for the three-year tax exempt status either. Most post-doctoral positions are considered to be student positions similar to the F-1 visa. Make sure that your J-1 visa is the one issued for researchers vice students before claiming the tax-exempt status.

icywinter · Sep 10, 2009, 10:24 AM

Thanks for the answer. My position here is as a research associate and I am not treated as a student. Therefore, I think definitely I can claim the tax-exempt status. BTW, yesterday evening I also called IRS and people there said definitely I can be tax exempt. Hopefully this can be helpful for others with similar status.

MukatA · Sep 11, 2009, 01:07 AM

Check your visa. It should show that you are a researcher. If yes, then you can claim the tax exempt status.
You must still file your nonresident tax return and Form 8843.

AtlantaTaxExpert · Sep 11, 2009, 12:42 PM

If IcyWinter is in fact tax-exempt as a researcher AND no income taxes are withheld from his salary, he has NO requirement to file the non-resident tax return (Form 1040NR-EZ).

Filing of the Form 1040NR-EZ is required ONLY IF he has to recover withheld federal income taxes.

He does, however, have to prepare, sign and submit the Form 8843.