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    hyewon0203's Avatar
    hyewon0203 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 15, 2010, 06:42 AM
    Currently F2, but was F1-OPT in 2009... tax treaty?
    Hello,

    I need urgent help!
    I am F1 student, and my husband is F2 from Oct. 2009, but he worked with F1-OPT from Oct 2008- Sep 2009.
    We both came US in 2006.
    I think we need to file separately as NON-Resident Alien. Is it right?
    Also, can my husband claim tax treaty for Korean?
    Somehow, CINTAX program says he can't... I do not understand why...
    Can anyone answer this for me?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 16, 2010, 01:01 AM

    Yes, he will file nonresident tax return and Form 8843. He will get treaty deduction as he had income during F1 or OPT. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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