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    Freddy_1976's Avatar
    Freddy_1976 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 2, 2010, 11:27 AM
    Tax treaty USA/Italy
    Hello,
    I have a question related to the non-resident alien/tax exmption problems.
    I was hired in the USA, University of Arizona, on October 1th, 2009.
    For the fiscal year 2009 I used the Italy/USA tax treaty, article 20:
    According to this article italians working in the USA as teacher/researchers are tax exempt for the first two years.
    My questions are:
    1) Will I be exempt from both federal and state taxes until September 30th 2011, or I will not have exemption from one
    Of these taxes already starting on January 1st 2011?
    2) If I will be still working with the same employer in the USA after September 30th 2011
    I will not be able to claim any exemption for the period starting on October 1st 2011. But the question is:
    Will I have to pay back all the taxes which I did not pay thanks to the tax treaty for the first two years
    (October 1st 2009 - September 30th 2011)?
    Thanks
    Freddy
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Nov 3, 2010, 01:11 PM
    This question requires some in-depth research and review of the tax treaty itself, something I will NOT do without compensation.

    As the cliché goes: Time is money!
    AliTax's Avatar
    AliTax Posts: 18, Reputation: 1
    New Member
     
    #3

    Feb 10, 2012, 01:11 PM
    The answer to this question depends upon the facts and circumstances of this case. I do this kind of thing for a living, and can corroborate that it takes a lot of research to determine exactly how it applies to you.
    AliTax's Avatar
    AliTax Posts: 18, Reputation: 1
    New Member
     
    #4

    Feb 11, 2012, 10:17 AM
    My understanding is that the Italy treaty does not have a recapture provision. The treaty did change in 2010 though.

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