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    bannou's Avatar
    bannou Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 2, 2010, 01:43 PM
    How to claim tax treaty when change of status NR/Resident occurred during the year?
    Hi,

    I am a French postdoc that arrived in the US in Nov 2007. Until Nov 2009 I was under the tax treaty exemption meaning that my University started to withhold taxes in Nov 2009 (my FICA and medical taxes started in Jan 2009).
    I am wondering how to fill my tax return since I want to claim that tax treaty and that my status changed from non resident to resident for this year. Should I fill the 1040NR with the amount that was not subject to withholding and then a 1040R with the taxes for the 2 months Nov-Dec ?
    Thanks for any kind of help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 26, 2010, 01:20 PM
    You will file as a non-resident alien, because the time under the J-1 visa does NOT count for the Substantial Presence Test (SPT).

    Hence, you have NOT YET met the SPT for 2009, requring you file as a non-resident alien, filing Form 1040NR and Form 8843.
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