pk
Level 15
Level 15

Deductions & credits

@amartincuks87 , as you pointed out , you are exempt from paying US taxes on the first five thousand  of personal service earnings  (by asserting Treaty benefits  article 20 paragraph a and b) for a period of five years.   For clarification  please also read the  technical explanations  available at -->  https://www.irs.gov/businesses/international-businesses/latvia-tax-treaty-documents

 As I read the treaty and the technical explanations, my impression is that  till you change  your visa status  ( J to H1 ) you are safe as a student/trainee/researcher category and the article 20 is applicable.  Once the adjustment is made however, you are an employee and no longer a researcher for public good.   Your five years are not up till 60 months from the date of arrival  and therefore should still be applicable for the year till status change occurs.  What is not clear is if the US$5000 exemption needs to be pro-rated or available  for the  tax year ( assuming  that Latvia is talking about US tax year  which is a calendar year.  Personally, I would feel more comfortable  with a pro-ration i.e. $416.66 per moth  covering the period from Jan 1st till the status adjustment date.

IMHO

 

pk