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    hoyas93's Avatar
    hoyas93 Posts: 1, Reputation: 1
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    #1

    Feb 5, 2007, 09:34 AM
    Is an OPT student eligible for a tax treaty?
    I have been a graduate student between 99-05 (Dec) and used an OPT after graduation full last year (Jan 2006 - Dec 2006). Before my OPT started, actually I returned to my country for a vacation and applied for a new F-1 visa on Jan 2006 for an entry to US.
    So far I filed only 1040-NR using a tax treaty between US and S. Korea. This year, however, problem seems a bit complicated.

    My questions are

    1. Am I still eligible for a tax treaty even after first 5 years since I got a new F-1 visa?

    2. Am I new in US, i.e. should I file 1040 or 1040-NR?


    Thank you so much for your time and consideration.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 5, 2007, 10:41 AM
    1) No, you are no longer eligible for the tax treaty due to you exceeding the 5-year limitation of the F-1 tax exemption.

    2) File Form 1040.
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