topic Resident alien eligibility for tax treaty and how to include it in Turbo Tax ? in Education

Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

newuser4678 — Sat, 11 Apr 2020 21:07:31 GMT

Hi. I am a student from India currently on a F1 visa. For a tax purposes, I am now considered as a resident alien. I want to know whether I can still use the tax treaty exemption? I am using Turbo Tax to file my taxes, how can I include this information ?

Re: Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

LinaJ2020 — Sat, 11 Apr 2020 21:40:55 GMT

You may qualify. Please read the blue link carefully to verify if you meet the requirements. Click here: https://www.irs.gov/pub/irs-pdf/p901.pdf, page 19 under India

To enter the tax treaty exemption in the program, here are the steps:

Enter your income as usual.
Then enter the treaty-exempt amount as negative amount (e.g. -5000) under Federal Taxes / Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income
Download and fill in a Form 8833 to claim an exception. https://www.irs.gov/pub/irs-pdf/f8833.pdf
You cannot e-file. You can still use the TurboTax program to prepare your tax forms, but you need to print them out and submit them to IRS by mail along with Form 8833.

@newuser4678

Re: Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

newuser4678 — Tue, 14 Apr 2020 15:39:34 GMT

@LinaJ2020 It says that the individual must file 1040NR or 1040NR-EZ (which I guess are Non Resident forms). Since I have been here for more than 5 years now, I can not use 1040NR (at least this is my understanding).

Re: Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

KarenJ2 — Tue, 14 Apr 2020 16:05:14 GMT

What date did you first arrive in the US on an F1 student visa?

Re: Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

newuser4678 — Tue, 14 Apr 2020 18:07:02 GMT

@KarenJ2 Mid August 2014

Re: Resident alien eligibility for tax treaty and how to include it in Turbo Tax ?

LinaJ2020 — Tue, 14 Apr 2020 20:19:09 GMT

You will be a nonresident for five years 2014-2018. Starting from January 1st, 2019, if you stay more than 183 days within the year, you will be a resident for tax purposes.

@newuser4678