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New Member
posted Jun 6, 2019 3:40:21 AM

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?

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1 Best answer
Intuit Alumni
Jun 6, 2019 3:40:22 AM

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. 

 

3 Replies
Intuit Alumni
Jun 6, 2019 3:40:22 AM

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. 

 

New Member
Jun 6, 2019 3:40:24 AM

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)?

Level 3
Jul 8, 2020 11:13:20 PM

Hello,

 

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