Should I file 8833?

[susannazhong]

I applied for tax treaty in Federal tax. I have stipend from school which I believe is counted as student income. Is this included as the exception of filing form 8833?

[SusanY1 · Accepted solution]

It depends.  You didn't mention which country's tax treaty you are relying upon, and each treaty is unique.  

Some of the treaties with the U.S. do cover stipend's from school and the correct form for filing a treaty-based return position is Form 8833.  However, whether you file it with Form 1040, which TurboTax supports, or Form 1040NR, which TurboTax does not depends on your status as a tax resident or nonresident. 

If you are a nonresident and file on 1040NR, we recommend SprinTax.com.  

You can learn a bit more about the two different filing statuses here: Which form to file?

You can also learn more about some of the unique tax situations that apply to foreign students here: Foreign Student Liability for Social Security Tax.

[susannazhong]

Thank you for response! It's the treaty between China and US.