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    kc226's Avatar
    kc226 Posts: 1, Reputation: 1
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    #1

    Mar 9, 2016, 11:30 AM
    Does tax treaty have length limitation?
    I came to US in Aug,2010 as F-1 student and haven't change my status. I was told by a tax preparer that since I'm considered residence alien for tax purpose, I shouldn't receive the treaty benefit which is $5000 between US and China because that is also good for 5 years. But my W-2 shows the treaty benefit, and the payroll officer told me I finished this year's paperwork and IRS determined I should have treaty, but whether I will still get treaty next year would be IRS's decision. I'm confused with both party's explanation. Could someone please help me with this?

    In addition, if I should claim treaty, what are the forms I need for the whole tax report? 1040, 8843, 1042S?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 9, 2016, 11:55 AM
    The China treaty exemption is unique, as it has NO time limit.

    Even though you are treated as a resident alien since five years have passed since your arrival in the U.S. you can STILL get the treaty exemption as long as you are under the F-1 visa.

    Enjoy it while you have it.
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