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leannell991
New Member

How to fill up tax form for China Tax Treaty for California resident alien?

I have been in U.S for more than 5 years and currently use OPT to work in California. Can I still apply China US tax treaty for my tax return? I see California seems not follow the treaty. Does that mean I can use it for federal tax refund but not state tax refund? How should I fill up in turbotax? 

Thanks a lot!

4 Replies
LinaJ2018
Intuit Alumni

How to fill up tax form for China Tax Treaty for California resident alien?

Yes, at the federal level, you can still apply the tax treaty on your Form 1040 if your income meets the criteria.  However, the treaty does not apply to the state of California and therefore it will be taxable to you.  

For more information, please see https://www.ftb.ca.gov/forms/2011/11_1031.pdf, page 9 under Tax Treaty.

leannell991
New Member

How to fill up tax form for China Tax Treaty for California resident alien?

Thanks a lot for replying. So I just need to add -5000 for Miscellaneous Income in federal section and add a 5000 for Other Adjustments to Income in state section?  That should be fine, correct?
LinaJ2018
Intuit Alumni

How to fill up tax form for China Tax Treaty for California resident alien?

That should do it. Just make sure it is not excluded on the state.
angelalen21
Level 2

How to fill up tax form for China Tax Treaty for California resident alien?

Hi, if I received the $5000 tax treaty in CA while my wife received another $5000 in IN in 2019, do we need to add $5000 or $10000 back when filing California tax? Thanks! 

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