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DutchNonResident
Returning Member

Claiming Tax treaty exemption twice?

I have a question about how often you can claim a tax treaty. This is my situation:

 

I am a citizen of the Netherlands.

In 2014 I came to the US on a five-year F-1 visa.

In 2014 and 2015 I claimed exemption from taxes under the tax treaty that the US has with the Netherlands. I was a non-resident alien.

In 2016, 2017, 2018, 2019 I paid US income tax as a non-resident alien.

In 2020 I paid US income tax as a resident alien (extension of my F-1 visa).

In 2020 I moved back to the Netherlands. 

in 2024 I returned to the US for two months on a J-1 visa, earning income. I am a non-resident alien.

 

Can I claim the benefits of the tax treaty between the US and the Netherlands for the income I earned in 2023?

 

In other words: since I was on a different visa for the 2024 visit, can I claim exemption from taxes under the tax treaty? It is always specified that the tax treaty is only applicable for the first two years of someone's stay in the US. But what if it concerns two different stays under two different visas?

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1 Reply
AmyC
Expert Alumni

Claiming Tax treaty exemption twice?

In reading Netherlands Technical Explanation, it seems to no longer apply to you as you are back and working rather than here as a student. Article 25 paragraph 2 may allow you to not pay taxes in the Netherlands on this income. You  understand your situation, timing, income, etc better than I do.

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