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    g0601155's Avatar
    g0601155 Posts: 3, Reputation: 1
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    #1

    Mar 22, 2012, 09:12 AM
    Eligible for US-China tax treaty?
    Hi,

    I am a malaysian holding working visa in China (work in China) and I come to US under J1 visa for collaboration. As I know, under US treaties with other countries, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the United States. So, am I eligible for the US-China income tax treaty?

    Regards,
    Alvin Chua
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 22, 2012, 12:20 PM
    Maybe.

    HOW LONG were you in China?

    Also, HOW LONG were you in the U.S. and are you being paid by a U.S. source (U.S. company) or are you still be9ing paid from China?
    g0601155's Avatar
    g0601155 Posts: 3, Reputation: 1
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    #3

    Mar 22, 2012, 12:51 PM
    Hi,

    I hold the chinese working visa for only a few months before I came to US. But before I got my working visa, I was holding F visa (visiting scholar) for 2 years in China.

    I came to U.S. early this year and will stay for approximately 1 year. Also, I am paid mainly by U.S. company and partially by China company.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 22, 2012, 02:02 PM
    In my opinion, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.
    g0601155's Avatar
    g0601155 Posts: 3, Reputation: 1
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    #5

    Mar 22, 2012, 02:12 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    IMHO, your stay in China was NOT long enough to establish residency, so you cannot apply the U.S.-China tax treaty, and there is NO treaty with Malaysia, which I am sure you already knew.
    Thank you for your opinion. :)
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