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

    Dec 31, 2007, 11:22 AM
    H1B exemption
    I arrived at the United State on 17 Dec. My visa status is H1B. My posistion in the US is a postdoctor in a university. I came from China. According to the US-China tac treaty, Could I claim exemption for 2008?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 1, 2008, 04:23 AM
    In the U.S.-China tax treaty, there is no special treatment for one year for H-1B visa holders. What or which exemption are you enquiring about?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 2, 2008, 09:09 AM
    China DOES have a tax treaty exemption of $5,000, but that is for students and visiting researchers.

    The H-1B visa is a work visa, so the treaty exemption will not apply.

    However, you will file as a non-resident alien for 2007, and your $3,400 personal exemption will probably exceed the income you earned in the 15 days in 2007 that you worked.

    In 2008, you will file as a resident alien just like the average U.S. citizen.
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