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    Lilyyan's Avatar
    Lilyyan Posts: 4, Reputation: 1
    New Member

    Mar 17, 2009, 03:45 PM
    Should I benefit from Tax treaty between US and China?
    Hi Tax Experts,

    I am an Chinese citizen and came to US on 27th August 2008 on H1B Visa. Since then, I have been working in USA. Now I have some questions about filing tax return forms. Your help is greatly appreciated!

    In the tax year of 2008 I do not satisfy the Substantial Presence Test. I can file only the nonresident tax return Form 1040NR or 1040NR-EZ. I work in IT field for a non-profit organization. Can I claim the US-China tax treaty benefit? If yes, which form can I file to claim the treaty?

    Thank you very much for your time.

    L Yan
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert

    Mar 18, 2009, 01:49 AM

    If you are single, you can only file nonresident tax return. There is no treaty benefit for H1-B.
    Lilyyan's Avatar
    Lilyyan Posts: 4, Reputation: 1
    New Member

    Mar 18, 2009, 08:23 AM

    Thank you for your answer!

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