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

    Jul 16, 2009, 05:29 PM
    I have a J1 visa that is good for 3 years, can I opt for the tax treaty 1 year in?
    Hello,

    I wonder if anyone can help me please?

    I am a visiting researcher from the UK with a 3 year J-1 visa (beginning Oct 2008), and I was wondering if it would be possible to 'opt' for the tax treaty available after a year into my visa? Can I do this even though I have been in the US for a year?

    As far as I was aware, with my very limited knowledge on the subject, that if my visa ran for 2 years, that I could do this as long as I did not stay a day over the alloted visa, otherwise I would have to pay back taxes. Am I correct in this?

    Thank you for your help and advice on this matter in advance!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jul 17, 2009, 10:24 AM
    Yes, there IS a retroactive tax provision to the TWO-year tax exemption for visiting teacher/professor/researcher. So, even though your J-1 visa is good for three years, the tax exemption authorized under the treaty is good for only two years!

    If you are asking can you use the treaty exemption for just the last two years of your visa, the answer is no. The treaty specifcially states that the exemption starts from date of arrival for no more than two years, with the above-noted retroactive tax if you stay beyond the two-year time limit.
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