US China treaty in California.

Forum|Forum|1 year ago
April 9, 2024
1 reply
0 views

Hi,

I'm a resident alien in California. I received W-2 and 1042-S from my school. I know that we have the China-US treaty which states that the income within $5k does not need to be taxed. But I've also heard that California does not accept treaties? So I was wondering if I still need to file this??

pk12_2

Employee

@xiyanL666 , just to make sure that you are indeed a resident for tax purposes :

(a) when did you enter the U SA with F-1? Were there any other entries during the prior years ?

(b) are you married to a US person ( citizen/GreenCard/ Resident for Tax Purposes )?

I ask these questions ( and need answers to ) because TurboTax supports only the 1040 series of forms ( Not 1040-NR ).

Generally though most states do not recognize US-Other country tax treaties. And California specifically uses a form to declare the sourcing of incomes ( CA or "other State " ).

I will circle back once I hear from you --yes ?

xiyanL666Author

Hi, I am a resident alien calculated by Glacier Tax Prep. I entered as F1 in 2019, but has been J2 in 2011-2012 which makes me a resident alien. I’m not married.
I mailed W-2 and 1042s to IRS last year.

I just wanted to ask if I add “-5000” for the tax treaty at the federal tax, do I need to subtract it at state tax? Thanks!

Vanessa A

The US China tax treaty does not apply to your state return. So you would have to add it back to your CA income.

"The U.S. Supreme Court in considering other international bilateral treaties on taxation has, on several occasions, concluded that these treaties do not extend to the states." Tax Notes

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"