I have been on F1 since 2015. I was on H1B in May 2023. Am I still qualified "US-China tax treaty Article 20"? The salary from Jan-May 2023(STEM OPT) is above 5000.

[DaveF1006]

It depends. According to the US/China treaty provision, the U.S. tax treaty with the People's Republic of China has provisions that are available to both nonresident and resident aliens. It states that a scholar is exempt from tax on earned income for three years up to the $5000 exemption.

Chinese scholars are only allowed three years of treaty benefits during their lifetime but doesn't need to be taken in three consecutive years.

[Atlaschs]

Thanks.