Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

Forum|Forum|6 years ago
April 11, 2020
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Hi. I am a student from India currently on a F1 visa. For a tax purposes, I am now considered as a resident alien. I want to know whether I can still use the tax treaty exemption? I am using Turbo Tax to file my taxes, how can I include this information ?

linaj20201

You may qualify. Please read the blue link carefully to verify if you meet the requirements. Click here: https://www.irs.gov/pub/irs-pdf/p901.pdf, page 19 under India

To enter the tax treaty exemption in the program, here are the steps:

Enter your income as usual.
Then enter the treaty-exempt amount as negative amount (e.g. -5000) under Federal Taxes / Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income
Download and fill in a Form 8833 to claim an exception. https://www.irs.gov/pub/irs-pdf/f8833.pdf
You cannot e-file. You can still use the TurboTax program to prepare your tax forms, but you need to print them out and submit them to IRS by mail along with Form 8833.

@newuser4678

newuser4678Author

@linaj20201 It says that the individual must file 1040NR or 1040NR-EZ (which I guess are Non Resident forms). Since I have been here for more than 5 years now, I can not use 1040NR (at least this is my understanding).