Resident Alien status during STEM-OPT(F1) to H1B, am I still qualified for claiming the US-China Tax Treaty $5,000???

[EnperA]

Hi there,

Here's some background info of my case: I entered US from 2013 till now, I’m still on F-1 STEM-OPT until July 2018 and change to H1B since July 2018. As I supposed to be considered as Resident alien (pass five years substantial test) from the beginning of 2018 despite I'm still F-1 from January to July, then switch to H1B. Am I still qualified to claim the $5,000 US-China tax treaty? What kind of tax forms do I need to claim it?

Thanks!

[pk]

You would be resident for tax purposes and there file form 1040 using TurboTax.

Article 20 of the US-China tax treaty still applies  ( as long as all the other conditions are met including "temporarily in the  other  contracting state " .  Note that you would have to attach form 8833 with your return  and therefore paperfile