Can a green card holder (for a whole year) apply for tax treaty?

Feb 06, 2011 1 Replies

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dingding 15 years ago

Hi,

I got my green card in Jan 2010, and at the same time I'm still a full-time student hold F-1 visa. My country (PRC) has a treaty for students income. My question is, can I still file 1040NR and apply the treaty?

thanks,

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Alan 15 years ago

Treaty Article 20 is excepted from the "saving clause" of paragraph 2 of the Treaty Protocol. Therefore, its student benefits are available to persons who otherwise qualify even if they become U.S. residents.

Note that you file using Form 1040 (you are a US resident) not a

1040NR. As such, you must attach Form 8833 (Treaty Based Return Position) to your tax return.

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