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maquejing
New Member

Could I still apply the US-China treaty article 20, after I got my green card and file the tax returning jointly with my husband? Thanks!I

I'm an exchange student from China. I got the green card. Could I still apply the US-China treaty article 20 for student, if I file the tax jointly with my husband?
Thank you in advance!
1 Reply
LinaJ2018
Intuit Alumni

Could I still apply the US-China treaty article 20, after I got my green card and file the tax returning jointly with my husband? Thanks!I

Yes.  You can still apply the treaty to your situation.

Tax treaties apply to foreign nationals who are residents (not citizens) of one or both of the treaty countries. Treaty country residents are foreign nationals who are subject to income taxes as a tax resident under the internal law of the treaty country. For U.S. tax purposes, foreign nationals are residents subject to tax on worldwide income if they are U.S. lawful permanent residents, also called “green card holders,” or are substantially present in the United States based on the 183-day residency formula.

See below for reference:

https://tax.thomsonreuters.com/wp-content/pdf/indirect-tax/Tax_Treaty_Benefits_WP.pdf

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