pk
Level 15
Level 15

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@_Maria_ , for Russian students/researchers the tax treatment of grants, allowances or other similar payments is covered under article 18 of the US-Russia Tax treaty.  These are exempt from US taxation as long as the Russian citizen is  in  the USA "temporarily  present" in the USA   for "..research...". It further states  that  " such exemption ... shall apply for such period .....as ordinarily necessary......  except that ...  no exemption for training  or research shall extend a period exceeding five years".   Thus  if you have been here for more than five years then the exemption is not valid.  Another issue is that this treaty  and on this subject is only applicable  for a citizen/ resident  whom is in the USA  temporarily --- thus your change of status to Green Card would negate this exemption.

 

Therefore my conclusion is that , absent any other facts & circumstances, your  fellowship grant is to be treated as if you are US citizen/resident without benefit of US-Russia Tax treaty.  Thus  this grant will be treated as income to the extent  that the funds are not used for  training or education.  Your living expenses  are definitely to be treated as income and therefore taxed  by the Feds and the State -- both will consider this income as US sourced / in-state sourced.

 

This is not what you wanted to hear but ....

 

Is there more I can do for you

 

pk