Ask Experts Questions for FREE Help !
Ask
    cning's Avatar
    cning Posts: 21, Reputation: 1
    New Member
    		  
    #1

    Jun 22, 2009, 08:42 PM
    Issue about form 8833.
    Hi,
    I am citizen of China and entered in US on F-1 visa in 2005. My status was changed from OPT to H-1B in Oct, 2008. My wife is a student on F-1 visa. I filed extension and am considered as resident alien to file form 1040.
    I was wondering how I can fill out form 8833 for my wife to claim $5000 under the US-China tax treaty since my wife didn't have any income in 2008.
    Thanks
    M
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jun 22, 2009, 11:11 PM

    No, you can not claim $5,000 as your wife does not have any income.
    cning's Avatar
    cning Posts: 21, Reputation: 1
    New Member
    		  
    #3

    Jun 23, 2009, 07:37 AM

    Thanks.
    Forget to mention that we filed jointly. Is there any way to claim $5000 for my wife?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jun 23, 2009, 11:29 AM
    Actually, you CAN claim BOTH your wife's AND your China treaty exemption on your 2008 joint return. File Form 1040 and enter $10,000 as a negative number on Line #21.

    For 2009 and beyond, you can continue to claim your wife's treaty exemption by entering the $5,000 as a negative number on Line #21.
    cning's Avatar
    cning Posts: 21, Reputation: 1
    New Member
    		  
    #5

    Jun 26, 2009, 08:42 PM

    Thanks, AtlantaTaxExpert.
    But I have a problem to fill out Form 8833 (my wife doesn't have income in 2008)): shall I just fill out one form 8833 for me and my wife? Or shall we fill out form 8833 separately (one for me, one for my wife)? I am confused.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jun 29, 2009, 07:33 AM
    One Form 8833 is all that is required. You just need to explain your interpretation of the exemption clearly on the one Form 8833.

    The fact that you are filing jointly makes the detail that your wife has no income irrelevant when it comes to claiming the treaty exemption, because your joint filing causes the IRS to treat you both as a single economic unit.
    cning's Avatar
    cning Posts: 21, Reputation: 1
    New Member
    		  
    #7

    Jun 29, 2009, 08:26 AM

    Understood.
    Since there is only one place to put name and SSN, I assume I need put my wife's information (name, SSN, address) in the explanation (Line 5), right?
    I appreciate your help.
    M
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Jun 30, 2009, 11:45 AM
    Yes, you can put your wife's name and SSN in the explanation (Line #5).
    cning's Avatar
    cning Posts: 21, Reputation: 1
    New Member
    		  
    #9

    Jun 30, 2009, 01:05 PM

    Atlanta Tax Expert, thanks!
    You are really helpful! Help me save over $700!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #10

    Jul 1, 2009, 08:25 AM
    Glad to help!
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Could the brains electric activities form a cohesive and lasting form? [ 2 Answers ]

Since all ‘forms’ are constructed by the electro-magnetic processes of attraction and repulsion, is it possible that the electrical patterns formed in the brain during life could hold their ‘form’, when the flesh is no longer there? It seems to me, knowing very little about the subject, that...

1040/1040NR with tax treaties 8833 [ 3 Answers ]

Hello, I am a Sri Lankan citizen on a HIB since 1999. I generally file 1040 resident. In 2005 ( yes I am a bit late- but I estimate refund ) I left to Sri Lanka for a year and worked for the Sri Lanka government - coming back to the US in September 2006. In 2007 I was in the US full time and...

Wrong filing! H1-B File Form 1040 instead of Form 1040NR [ 1 Answers ]

Hi there, Here is my situation: my OPT started from May 2006-May 2007. My H1-B started from Oct. 2007. I hired a CPA to file the tax for me in 2006 and 2007 w/ the form 1040. I just talked to my friend and she said in my situation I should file form 1040NR instead. So what should I do now? ...

Form 1099 received, but do I report on Form 1040 or just Form 2106? [ 1 Answers ]

Greetings. I'm hoping I can get some help on what to do with a 1099-MISC form I received from my employer that were for business expense reimbursements. I have read through some questions and answers already and based on them I'm going to file this as a Form 2106. The question is should I...

Can you file more than one w2 form on one nys tax form or do you need additional forms? [ 1 Answers ]

We live in nys and my friend has had 3 different jobs throughout the year. Does he file all w2's on one form or have a form for each?

View more questions Search