In 2016 I became a resident alien with a tax treaty benefit (F-1 student from China), since I stayed in US over 5 years. Can TurboTax (Premium) handle my situation?

[LinaJ2018 · Accepted solution]

If you met the Substantial Presence Test  SPT for tax year of 2016, you are considered as a US resident for tax purposes and required to file a Form 1040.  You can use any of the TurboTax products including Premier to file your taxes.  ( Check here for supported forms and situations to select the best product https://turbotax.intuit.com/personal-taxes/online/)

To enter your income and the tax exempt amount in TurboTax online program, here are the instructions:

1.  Report your full income under the appropriate section. Then enter the treaty exempt amount as negative amount                  (e.g.-5000) under Federal Taxes / Less Common Income / Miscellaneous Income 1099A, 1099C / Other                               Reportable Income

2.  Download and fill in a Form 8833 from IRS to claim an exception.                                                                                                https://www.irs.gov/pub/irs-pdf/f8833.pdf

3.  You cannot e-file.  You can still use the TurboTax program to prepare your tax forms, but  you need to print them                  out and submit by mail along with the form 8833. 

[tbtsren]

Thanks for your answer, I'm using Turbo Tax as you instructed! But I found a problem when I was filling 8833 you mentioned. I'm worried about whether it's correct to attach 8833 with 1040. Specifically, should I be counted as Dual-resident taxpayer (8833 page 3 mid column)? If I attach form 8833, will I be treated as a non-resident (8833 page 3 right column)? Will that be counted as 'Termination of U.S. Residency' (8833 beginning of page 4)?

[Scott777]

Hello,

Did you fix this problem?? And I think if you are a student you don't have to attach 8833.