I have a Chinese F1 visa and am currently on OPT. I want to apply for the tax treaty to get a $5000 exemption. I have applied for it 5 times, am I still qualified?

[wangjiefei]

I have been in the US for 8 years.

[DaveF1006]

No.  There is a five-year exemption period for F-1 Visa holders. It sounds like that five-year period has exhausted thus you would not be able to claim the treaty exemption this year.

[wangjiefei]

Hi Dave,

Thanks for your reply! I was reading Article 20 in China - Tax Treaty Documents in IRS (page 13) which defines the tax treaty exemption. However, I did not find information related to the 5-year limitation:  https://www.irs.gov/pub/irs-trty/china.pdf

Could you please give me some instructions on where to find the 5-year limitation? Thank you in advance!

[Vanessa A]

Generally, foreign students in F-1, J-1, or M-1 nonimmigrant status who have been in the United States more than 5 calendar years become resident aliens for U.S. tax purpose if they meet the “Substantial Presence Test” and are liable for Social Security and Medicare taxes. (unless they are exempt from FICA under the "student FICA exemption".  Foreign Student Liability for Social Security and Medicare Taxes