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

    Aug 12, 2014, 10:44 PM
    Can I claim tax treaty for scholarship after switching to F1 from J1
    I was in the U.S. in 2013 for 170 days and 2014 for 160 days with a J1-PROFESSOR visa. Now I switched to F1 and receive scholarship from another university. The university tax system said I cannot claim tax treaty by filling out FORM W-8BEN. Is this because that I have become a Residence Alien status? So can I instead file a W-9 form to claim the treaty? Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Aug 19, 2014, 02:30 PM
    The J-1 exemption period is normally two years, while the F-1 exemption is normally five years.

    The J-1 period counts against the F-1 exemption, so you should still have three years of exemption.

    You stated that you file as a resident alien. For which tax year did you file as a resident and wha was your visa status that year??

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