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Do I need to file form 8833 for my tax return?

Asked by: Jesica Hogan 1760 views YA Discussion

Hi, I’m a current Chinese nonresident on my F-1 visa – currently doing my OPT period transitioning to H-1b visa soon. I’m working full-time. I’m claiming tax treaty 20(c) for $ 5000 tax exemption and I’m wondering if I will need to file Form 8833 to go along with the 1040NR-EZ and 8843. I’m confused as when I need to file 8833 for the tax treaty. Thanks for your help.

How others found here:

  • form 8833
  • irs form 8833

1 Answers

  1. RUSerious on Mar 25, 2012 Reply

    File Form 8833 if you meet the criteria below;

    1. You are a Foreign Resident, claiming Tax Treaty Benefits and your income is more than $ 100,000.

    2. You claim credit for a special Foreign Tax, for which the Tax Credit is not allowed under US IRS Tax code.

    3. Claiming Tax Treaty based tax reduction, based on the the disposition of a real US property interest.

    Do not File Form 8833 if you meet the criteria below;

    1. Tax Exemption for Students (F1 Visa for 5 years, J1 visa for 2-3 years), Teachers, Trainees, Artists and Athletes.

    2. If your claim your Scholarship or Fellowship Income in Form 1042-S.

    3. Claim Tax Treaty based Tax Reduction based on International Social Security Agreement or Diplomatic or Consular Agreement.

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