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!
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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.
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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