pk
Level 15
Level 15

Get your taxes done using TurboTax

@kimchi1 , the reason for the question "which form" is because  form 1040 series  is ONLY for citizens/Residents/Resident for tax purposes.   1040-NR is for Non-Resident Aliens.   Since you came here in 2013 ( and assuming that you had no earlier visit to the USA for any reason ),  you would have been an exempt  ( exempt from counting days present ) individual through 12/31/2017.  From 2018 Jan 1st. you count days present towards  Substantial Presence Test ( SPT) --- so I would have expected  that you would have filed  form 1040  for the first time in 2018.   Is this what you did?  Are you trying to amend  your 2018 return ?    Is your visa still F-1 or  was there an adjustment and if so when and to what?

 

Assuming that  you are still on F-1 and that 2018 is the one you are trying to amend and assert treaty benefits and you are here temporarily / no intention to settle down here , -- yes the US-China treaty does indeed allow  an exclusion from US taxes  for the first $5000 of  income  -- it does not  say for how many years  ( just uses  something like "reasonable" if I remember correctly ).  Yes  in such a case you have to  file a 1040-X, backed up by form 1040  ( the amended  return ) and attach a form 8833 declaring  the exclusion amount and  treaty name and article # .

 

Stay safe 

pk