I am international student and in my OPT status can I still claim tax treaty $5000 being from Pakistan

[Alwani]

I am an international student. I was on CPT in year 2018 I graduated in Dec 2018.

In 2019 Oct I got my OPT approved and then In 10 Dec 2019 my H1B got approved

Can I still claim $5000 or partial for the year the tax Treaty from Pakistan XIII (1) STUDY as I was on F1 visa.

[KarenJ2]

What year did you arrive in the US on an F1 visa?  If you were in the US for more than 5 years or part years, you would be considered a US resident.

The exemption is only for students.  

Residents of Pakistan temporarily in the United States are exempt from U.S. income tax on certain income they may receive. To be entitled to this exemption, they must be in the United States only as students at a recognized university, college, or school, or as recipients of grants, allowances, or awards from religious, charitable, scientific, or educational organizations of Pakistan primarily to study or research. The income exempt in these cases is any payment from abroad for maintenance, education, or training, and any pay for personal services of not more than $5,000 for any tax year.

[Alwani]

I came to USA in Sept 2016 and never left. I have been here.

Your answer is not clear or I am confused, Do I claim treaty or not?

the H1B was approved on Dec 10, I got notification in Jan 2020

and whole W2 was based on my F1

[KarenJ2]

I apologize for the confusion.  Yes, with your fact pattern I believe you can claim the Pakistan treaty benefit if your whole W-2 was based on your F-1 visa.

[Alwani]

Hello Karen,

The last thing I have 2 types of income one from W2 another Bank Interest income 1099-INT I discussed the issue with sprintax and they said they can not accommodate this and they remove my treaty tax amount.

So this is really an issue if you have 2 incomes it automatically remove tax treaty?

Can I go for first year choice option and use your services?

[Alwani]

Can I have 2 income and take the exempt of 1099-INT along with tax treaty?

[KarenJ2 · Accepted solution]

I would defer to Sprintax regarding the tax treaty.  They have more experience with tax treaties.  

You could only elect to file a resident return with TurboTax  if you were married to a US citizen or US resident.