I'm on H1B and can file as Resident Alien, my wife is on F1 and qualifies for China US Tax Treaty. Can I file married jointly and still claim the treaty using turbotax?

Forum|Forum|7 years ago
June 5, 2019
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title pretty much sums it up.

TurboTax Deluxe Online

Best answer by PopeyeTheSalior

Yes, you can. If you are a resident alien and your wife is not, you can file a statement to treat her as a resident. Please see Nonresident to resident . Y ou can use Turbotax to file jointly and claim the treaty exemption on your taxes.

As TurboTax does not support the treaty form Form 8833, you would need to paper-file your tax return.

Report your full income as usual. Then enter the treaty-exempt amount as a negative amount under Federal Taxes /Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income
Download the Form 8833 from the IRS website to claim an exemption. https://www.irs.gov/pub/irs-pdf/f8833.pdf

Print out your tax forms, attach the resident statement and Form 8833, and submit by mail.

PopeyeTheSaliorAnswer

Level 13

As TurboTax does not support the treaty form Form 8833, you would need to paper-file your tax return.

Report your full income as usual. Then enter the treaty-exempt amount as a negative amount under Federal Taxes /Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income
Download the Form 8833 from the IRS website to claim an exemption. https://www.irs.gov/pub/irs-pdf/f8833.pdf

Print out your tax forms, attach the resident statement and Form 8833, and submit by mail.