F1 student files tax return in 1040. Only use W2. Can I claim Tax Exemption under China-US Treaty?

Forum|Forum|7 years ago
June 6, 2019
1 reply
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I'm an international student currently on F1 visa. 2016 is my 6th calendar year in U.S. so I will file my tax return as resident alien using 1040. I only have one income source, W-2. I don't have 1042-S. Can I still claim Tax Exemption under China-US Treaty? If yes, except for 1040 form and 8833 form, what else should I attach to the mail? Thanks.

TurboTax Deluxe Online

PopeyeTheSalior

Level 13

Yes, you can still apply the tax treaty to reduce your income. In the TurboTax program, report your full income. Then you can enter the treaty exempt amount as negative income under "less common income". You will have to file a Form 8833 to claim an exception. As TurboTax does not support Form 8833, you cannot e-file. Instead, you may use Turbotax to prepare your return, but need to print out your tax forms and mail the returns along with the form 8833. Besides the Form 8833 and 1040, you will also need to submit a copy of your tax documents ( for example, Form 1099s) which pertain to any credits and deductions you are applying if there are any.

1. To report W-2 income,

- Sign into your account and select Take me to my return

- At the right upper corner, in the search box , type in W-2 and Enter

- Select Jump to w-2, follow prompts to enter your information

2. Enter the treaty exempt amount as negative amount ( -5000) under Federal Taxes / Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income

3. File a Form 8833 from IRS to claim an exception. https://www.irs.gov/pub/irs-pdf/f8833.pdf