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    rene22's Avatar
    rene22 Posts: 1, Reputation: 1
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    #1

    Mar 2, 2008, 07:50 AM
    F1 (OPT) and H1B for 2007 -can I claim tax treaty exemption?
    Hi,

    I was in the US under F1 status between beginning of 2006 and the end of September 2007, and on OPT between January 1st, 2007 until end of September 2007. I switched to H1 status on October 1st, 2007, and am now still under that status (but remained with the same employer, and therefore only got one W-2 form for all of my wages in 2007). I successfully claimed the tax treaty exemption last year (with France, $5,000) on the form 1040NR-EZ for the calendar year 2006 . Can I still claim the same exemption for the calendar year 2007 on my tax return (form 1040NR-EZ)? If so, for the entire year/wages or only for the part I was under F1 status?

    Thank you very much,

    Rene.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 18, 2008, 11:22 AM
    Rene:

    You can file a Form 1040NR or 1040NR-EZ with Form 8843 ONE LAST TIME, during which you can also claim the $5,000 French treaty exemption.

    In 2008, you will file as a resident alien.
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