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    Jackson2010's Avatar
    Jackson2010 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 8, 2010, 02:11 PM
    US-china treaty for J1 research scholar?
    Hi, I am J1 research scholar from China, and I arrived in USA on Sept 25 2010, however when I asked for signing a treaty on Nov 5,2010, I was told it was out of date to sign the treaty of 2010 by Nov 3,2010 and I was suggested to sign the treaty of 2011 the next year.
    What should I do? Do I need to pay all tax from Sept to Dec in 2010, and if I sign the treaty of 2011, can I get the tax I paid in 2010 back?
    I really appreciate your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Nov 8, 2010, 03:46 PM
    There is no new treaty for 2011 of which I am aware.

    Based on your posting, you ARE exempt from all income tax on your income for Calendar Years 2010, 2011 and 2012.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Nov 9, 2010, 03:39 AM

    As a research scholar from China with J1 visa your income is exempt from federal income tax for 3 years. It is exempt from FICA taxes for two years.
    Your employer should not withhold FICA taxes and federal income tax.
    You will still file your tax return for 2010 -- Form 1040NR or 1040NR-EZ and Form 8843.
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