1. Home
  2. Taxes General Forum
  3. tax treaty exemption

tax treaty exemption

I am an F-1 student at a US university. I am filing Form 1040 since I am a resident alien for tax purpose. I claimed the $5000 treaty exemption at the beginning of 2006. Thus, my W-2 shows my income is my actually gross income less $5000. and I get a 1042-S showing $5000 income. These are true and alright.

Can I withdraw my claim now? I now find that it would be better for me if I did NOT claim the treaty exemption. If Yes, can I just put my actually gross income into line 7 on Form 1040? or please suggest a solution.

Thank you,

-kevin

> > > > > > > > >
Reply to
kw
Loading thread data ...

As an F-1 student you are exempt from the substantial presence test. In other words, you don't get to count your days of presence for any period in which you held a valid F-1 visa. As such, you are a nonresident alien of the US and file either Form 1040NR-EZ or Form 1040NR. In addition, as an NRA, you may avail yourself of any treaty benefit that exists for students. Almost always (I know of one exception), a resident alien is taxed like citizens and can not benefit from the treaty article pertaining to students.

Reply to
A.G. Kalman

Since I don't know which treaty applies to you, I can't comment on your details. However, it had always been my opinion that the treatment of students and teachers under tax treaties is highly preferentual. So it surprises me that you would be better off without the treaty. I suggest you discuss this with someone in the Foreign Students Office at your University.

Dick

Reply to
Anonymous

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.