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Level 2
March 7, 2026
Question

Foreign Postdoctoral Fellowship

  • March 7, 2026
  • 1 reply
  • 0 views

Hello,

I am a Portuguese citizen, resident in switzerland on a B-permit, moving to the US for 2 years on a J1 on a EU-funded postdoctoral fellowship (MSCA). During the fellowship my contract and income will be through an Italian institution. I am moving directly from Switzerland to the US, and after the US phase to Italy.

 

As I understand, during the US phase, I will be a

- non-resident allien in the US

- a non-resident but potentially taxable in Italy

- my swiss residency may cease.

I wonder if I can claim a tax treaty to avoid double taxation in the US, and if so, which one?

From my understanding the Swiss-US tax treaty could cover me even if I lose swiss residency, as it mentions:"Payments which a student, apprentice, or business trainee, who is or was immediately before visiting a Contracting State a resident of the other Contracting State, and who is present in the first-mentioned State for the purpose of his full-time education or training, receives for the purpose of his maintenance, education or training shall not be taxed in that State provided that such payments arise from sources outside that State"

On the other hand, I am unsure whether the Italy-US tax treaty could be evoked. Although there is a clause for researchers and professors, from my understanding, it is only valid for people who are considered residents in either one or both countries.

 

Would highly appreciate any help!!

 

Best,
Guilherme Almeida

    1 reply

    Level 15
    March 7, 2026

    @LightningBolt12 , Bom dia senor.

     While you offer an inordinately complicated scenario,   let us simplify first, before trying to solve and/or opine.

    (a) You a citizen of  Portugal, currently living in Switzerland on a resident  visa. 

    (b)  You are entering US on a J-1 visa  and based on your passport issued by Portugal.  That you were a resident of Switzerland just priorly  is mostly not germane.

    (b)  While in the USA , and assuming that this is your first entry as a J-1 in the last six years, you would be treated as a Non-Resident  ( NRA) for Two years and therefore taxed on your US sourced/connected income only.

    (c) Because of your citizenship ( Portugal ), it is the tax treaty between  Portugal and US that will be in effect.  

     

    I need to go back and refresh my memory ( all 85 years of it ) on  US-Portugal Tax treaty  in general and  the treatment of students/trainees/Research scholars in particular ( esp. regarding  treatment of  foreign stipends while in the US ---- generally most "out of country " stipends are not taxable income to the J-1 visitor ).  So I will be back.

    In the meantime, if there are other pertinent factors to consider, please add to this  thread.

    Is there more I can do for you ?

    Obrigdo, Senor

     

    pk