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    alex070486's Avatar
    alex070486 Posts: 4, Reputation: 1
    New Member
     
    #1

    Apr 1, 2012, 03:44 PM
    F1/OPT student and tax treaty deduction
    Hye,

    I am a F1 student on OPT. I worked for a US company and earned approximately $50,000 in 2011. The France-US tax treaty include a $5,000 deduction.

    Here is my question:
    - If I put $5,000 in line 22 of the form 1040NR, it's never take into account. So how do I include that in my 1040NR form?
    - What's the best way to claim a tax treaty deduction?

    Thanks in advance for your help!

    Alex.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Apr 1, 2012, 06:37 PM
    In the instructions for line 8:

    Do not include on line 8 amounts exempted under a tax treaty.
    alex070486's Avatar
    alex070486 Posts: 4, Reputation: 1
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    #3

    Apr 1, 2012, 07:11 PM
    Thanks for your answer.
    But do you know how to effectively claim tax treaty deduction?
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #4

    Apr 1, 2012, 07:59 PM
    Just make sure to fill out line 22 and the last section in "Schedule OI" that's included with the form. Also, you need to include form 8843 because you're exempt from the substantial presence test.
    alex070486's Avatar
    alex070486 Posts: 4, Reputation: 1
    New Member
     
    #5

    Apr 1, 2012, 08:30 PM
    I have done that already but the total amount of tax I have to pay stays the same with or without filling line 22. That's why I think I am missing something...

    By the way, newacct thanks for your time! :)
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #6

    Apr 1, 2012, 08:41 PM
    I already told you. Subtract 5000 from line 8
    alex070486's Avatar
    alex070486 Posts: 4, Reputation: 1
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    #7

    Apr 1, 2012, 08:43 PM
    Ok. Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Apr 2, 2012, 11:13 AM
    Also, cite the treaty exemption on bottom of Page 5 of Form 1040R.

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