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

    Apr 11, 2007, 10:44 AM
    Taxes, optional training and tax exempt treaty
    Hello, I'm getting a little confused with taxes...

    My situation: I was in optional training for the whole 2006 year. I'm from Spain and I have an exempt taxes treaty. I didn't leave the country for more than a year. And I worked in several jobs.

    So I understand that since I didn't leave, I have to file a normal 1040 instead of the non-resident and because of that I'm not allowed to use the treaty? Is that correct?

    Thanks for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 16, 2007, 12:40 PM
    Assume you mean OPT.

    If so, your visa status (F-1 or J-1) STILL applies, as your OPT is considered an extension of your schooling.

    Hence, you can STILL claim the treaty exemption.

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