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    jbz's Avatar
    jbz Posts: 6, Reputation: 1
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    #1

    Mar 23, 2007, 11:01 PM
    US-China tax treaty about student
    Hi,

    My status is this:

    My wife and I are canadian permanent resident and we are citizen of people's republic of China. We are holding the Chinese passport. I was working in US using OPT in 2006. My question is: Can I deduct that $5000 based on the US-China tax treaty (that treaty is for students who is Chinese resident)

    I filed 1040NR, and because we are Canadian permanent resident, I chose my status as married canadian resident and claimed my wife as dependent.

    My doubt is if we are still resident of China now?

    Thanks in advance.

    Jianbin
    jbz's Avatar
    jbz Posts: 6, Reputation: 1
    New Member
    		  
    #2

    Mar 25, 2007, 12:16 PM
    Hi ATE and taxsearcher,

    Have you experienced this kind of case before?

    Thanks
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #3

    Mar 25, 2007, 01:23 PM
    Quote Originally Posted by jbz
    Hi,

    My status is this:

    My wife and I are canadian permanent resident and we are citizen of people's republic of China. We are holding the Chinese passport. I was working in US using OPT in 2006. My question is: Can I deduct that $5000 based on the US-China tax treaty (that treaty is for students who is Chinese resident)

    I filed 1040NR, and because we are Canadian permanent resident, I chose my status as married canadian resident and claimed my wife as dependent.

    My doubt is if we are still resident of China now?

    Thanks in advance.

    jianbin
    JBZ -- you need to have been a resident of China at the time you came to the US. It seems to me that you don't qualify. I'd have to look closer at your specific situation to be totally confident, but my view would be that you do not qualify for the treaty benefits.
    jbz's Avatar
    jbz Posts: 6, Reputation: 1
    New Member
    		  
    #4

    Mar 25, 2007, 02:46 PM
    Thaks for your reply, taxsearcher.

    I also doubt that I am qualify this benefit. But when some people fill in the form 8833, when they explain the tax treaty, they always say "I am a citizen of People's of Republic of China", something like this. So I thought maybe the citizen is OK.

    Another thing is I can not understand that if I am still the resident of China.

    Thanks
    jbz's Avatar
    jbz Posts: 6, Reputation: 1
    New Member
    		  
    #5

    Mar 26, 2007, 11:18 PM
    Hi Taxsearcher and ATE,

    I am going to send out my tax return, what's your suggestion for me?

    Thanks

    Michael
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Mar 30, 2007, 12:05 PM
    I agree with TaxSearcher. Your Canadian residency precludes you from claiming the China Tax Treaty exemptions.
    aditya624's Avatar
    aditya624 Posts: 1, Reputation: 1
    New Member
    		  
    #7

    Sep 30, 2009, 03:40 PM

    I have a problem related to Application of my family's PR to canada. Actually my mom applied canadian PR in 2006 from India and at that time I was doing my bachelors. Eventually I moved to USA for my masters and now I am in my OPT status. I want to know that am I still a dependent of my mom while I am in OPT for canadian PR? My status is still F1 in USA. Kindly help. What if I get transferred to H1 status instead?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Oct 1, 2009, 07:55 AM
    Redundant post; already answered.
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