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    Rororo6's Avatar
    Rororo6 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 30, 2012, 05:46 PM
    Is J1 change to F1 student eligible for tax withholding for the first 5000$ income?
    I came to US in 2010.3 as a visiting schorlar holding J1 visa.In 2011.7 I went back to China and change J1 to F1. Now I am a student. Recently, I received a letter from the tax offcie in my school telling that I am not eligible for tax treaty due to my changes from J1 to F1 status without properly re-establishing my residency requirement with China according to the Treasury Department guidelines. So what's this mean? And am I eligible for tax withholding for the first 5000$ income as student now? Thanks do much for your help.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 30, 2012, 07:35 PM
    You had J1 before F1. Even on J1 you are nonresident for two years. You should get tax treaty benefit.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 31, 2012, 10:32 AM
    I agree; you should get the treaty exemption for 2011.
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