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

    Mar 8, 2007, 01:53 PM
    Can I apply tax treaty?
    I came to USA in Oct 2003 from China, with H1B visa to do research in University.
    I never came to USA before that, and did not left after arriving.
    China has a tax treaty with USA to get 3 years income tax free.
    Can I apply this treaty?
    The 3 year is 3-calander year or 36-month?
    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 10, 2007, 01:45 AM
    The China Tax Treaty exemptions do NOT apply for H-1B visa holders In my opinion.
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #3

    Mar 10, 2007, 08:19 AM
    If you meet all the applicable requirements, you should still be able to claim the exemption. You can become a resident and still qualify in this case. Use three actual years, not calendar years.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 11, 2007, 09:53 PM
    I will concede to TaxSearcher's greater knowledge in this area!
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