Question

Resident Alien status during STEM-OPT(F1) to H1B, am I still qualified for claiming the US-China Tax Treaty $5,000???

Forum|Forum|7 years ago
June 1, 2019
1 reply
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Hi there,

Here's some background info of my case: I entered US from 2013 till now, I’m still on F-1 STEM-OPT until July 2018 and change to H1B since July 2018. As I supposed to be considered as Resident alien (pass five years substantial test) from the beginning of 2018 despite I'm still F-1 from January to July, then switch to H1B. Am I still qualified to claim the $5,000 US-China tax treaty? What kind of tax forms do I need to claim it?

Thanks!

TurboTax Free Edition Online

P

pk12_2

Employee

You would be resident for tax purposes and there file form 1040 using TurboTax.

Article 20 of the US-China tax treaty still applies ( as long as all the other conditions are met including "temporarily in the other contracting state " . Note that you would have to attach form 8833 with your return and therefore paperfile