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

    Mar 4, 2012, 02:38 PM
    Line 2, 4, and 5 in 8833
    Hi, I'm a graduate student from China who has been in the US as F1 for more than 5 years but less than 6. I was told that I'm considered a "resident" now and should file 1040 instead of 1040NR. Moreover, I should claim my treaty benefit as "other income" in Line 21 in 1040 and should file 8833 for this purpose. I know the treaty article for me (currently research assistant) is 20(b). However, the line 2,4, and 5 in 8833 really confuse me. Could you please explain what is "Internal Revenue Code" provision and what should I put in those lines? Thank you very much!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 9, 2012, 01:52 PM
    Read the instructions of the form carefully. You have to find the portion of the Internal Revenue Code that requires you pay taxes on W-2 income; that is the part of the IRC you are trying to over-wide in claiming the treaty exemption.
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