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    Kerstin's Avatar
    Kerstin Posts: 3, Reputation: 1
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    #1

    Apr 9, 2009, 08:39 PM
    How to claim tax treaty exemption without form 8233
    Hi,
    I am a German J-1 scholar and my problem is as follows:
    I never filled out the form 8233 with my university as the tax treaty with Germany used to be retroactive and I was advised by my university to pay federal taxes from the beginning in case I would stay longer than 2 years (what seemed likely).
    Recently the US-German tax treaty has been revised (see yesterday's post by me) and the 2-year tax exemption is not lost anymore if you stay more than 2 years.

    So I wonder how I can get back the federal income tax that was withheld in 2008 (and possibly also for 2007).
    Can I just claim the exemption with the 1040NR-EZ form even without having filled out form 8233 in 2007/2008? Or can I fill out form 8233 in retrospect?
    What can I do to take advantage of the revised treaty?

    I would be very grateful for any help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 9, 2009, 10:54 AM
    You definitely can amend the 2008 return to claim a complete refund under the new treaty, as the new treaty took effect on 1 January 2008.

    You would submit Form 1040X with Forms 1040NR-EZ and 8833 attached.

    Once you got the 2008 refund, you should then try for 2007; after all, the worst that could happen is the IRS says NO!

    If you need professional help doing this, contact me at [email protected].
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