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    jonathanP Posts: 2, Reputation: 1
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    #1

    Mar 16, 2009, 02:22 PM
    Tax treaty with Germany allow
    Hi,

    First of all, thank you for offering apparently competent help for people like me!
    I have entered the US as an F-1 Student in Sept. 07. After I returned home (Germany) last summer, I returned to the US again in July 08 as a J-1 short-term scholar. Since I am getting paid this time, I requested an exemption because of the tax treaty the US and Germany have, which allows me 2 tax-free years.

    Now here is my question: If my stay is longer than 2 years, I will have to pay taxes retroactively including interest. I will return in September 09 as a PhD Student to a different university in a different state. The visa category will also be F-1 and not J-1 anymore. Does this constitute a new stay and I will not exceed the 2 years of the treaty, or does it not and I will have to pay taxes for the last year (so I better do not request exemption at all)?

    Thank you very much!
    Jonathan.
    jonathanP's Avatar
    jonathanP Posts: 2, Reputation: 1
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    #2

    Mar 17, 2009, 01:48 PM
    So I can provide an answer myself now, because I went to our tax office and they said it would be counted as a new stay because the kind of income would be different (salary for research - scholarship) and I would make no mistake by claiming the treaty.

    I am not completely satisfied with this answer though, because I could not find any official-looking document confirming that. Anyone?

    Btw, is it really not possible to edit the headline of my question? I obviously hit return before I finished it.
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