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

    Apr 5, 2012, 08:11 AM
    F1 Germany US retroactive clause
    I entered the US in August 2009 to start a 4 year BBA degree, to end on May 2013. Since the beginning I worked at my university. I have claimed the tax treaty benefits in 2009 and 2010. Now I am about to file my taxes for 2011 and saw this retroactive clause. I was told if I stay another year to work I will be responsible for all 4 years plus penalty and interest, unless authorities aggree otherwise.
    Should I not claim the benefits for 2011 and pay tax? Would this help that I won't face the penalty and interest charges if I stay longer?
    If I claim the treaty one last time, how could I figure out how much I'd need to pay if I stayed one year longer? Or how could I make authorities to agree otherwise?
    Please help this is really urgent as federal tax return is due April 17.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 5, 2012, 03:49 PM
    The German Treaty exemption is $9,000.

    Unless you KNOW you are staying beyond 2013, you should continue to claim it. You can always ask for a waiver of the clause.

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