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    Giacomo's Avatar
    Giacomo Posts: 5, Reputation: 1
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    #1

    Jan 12, 2007, 10:33 AM
    US/Italy Tax Treaty -- H1B Exemption
    Hello,

    I recently changed my status from F1 to H1B in January 2007. I have a post-doc position for the academic year 2006-07, started on September 2006 and renewable for two years. I haven't received tax refunds as an F1. My instiutution (Penn) now claims that I am not eligible for tax exemption because I didn't re-establish residency in Italy before changing immigration status, therefore they'll keep withholding taxes from my paycheck.

    Can I claim a refund under art. 20 of the US/Italy tax treaty when I'll be filing my 2007 taxes?

    Thanks,
    Giacomo
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 13, 2007, 05:57 AM
    Giacomo:

    You are definitely NOT eligible for tax exempt status for 2007, because you changed to H-1B status. H-1B is a work visa, not a student visa, so the tax exemption no longer applies.
    Giacomo's Avatar
    Giacomo Posts: 5, Reputation: 1
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    #3

    Jan 13, 2007, 06:58 AM
    Atlanta Tax Expert,

    Thanks for the answer. However: my work as a post-doc at Penn consists in research and teaching, do I not fall under the provisions of art. 20 of the US/Italy tax treaty?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Jan 13, 2007, 03:18 PM
    That became irrelevant when you switched to the H-1B visa.
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