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jinggu_121812
New Member

Tax treaty for alien resident

Hello, I am an international student from China on a F-1 visa. I am considered as a resident alien for tax purposes because I arrived in the US in 2010. I am still eligible for U.S.-China income tax treaty as a resident alien. But I have not received any 1042-S form this year, which means no tax has been exempted. My W2 form also shows no difference between wages in box1 and state wages in box 16. I wonder how I can claim the exemption in tax return?

Thank you so much.

1 Best answer

Accepted Solutions
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

If you have not paid TurboTax fees, you can only preview your form 1040:

 

1.  Sign in to your account, select Pick up where you left off

2.  To your left, select Tax Tools/drop-down menu

3.  On-screen, Tools Center, select View Tax Summary

4.  On-screen, Review Tax Summary, to your left, select Preview my 1040 

 

 

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11 Replies
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

If you have not paid TurboTax fees, you can only preview your form 1040:

 

1.  Sign in to your account, select Pick up where you left off

2.  To your left, select Tax Tools/drop-down menu

3.  On-screen, Tools Center, select View Tax Summary

4.  On-screen, Review Tax Summary, to your left, select Preview my 1040 

 

 

LinaJ2018
Intuit Alumni

Tax treaty for alien resident

Hello! 

 

To enter information in TurboTax Free edition, here are the steps: 

 

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

 

Fill in Form 8833 from the IRS website to claim an exception.  https://www.irs.gov/pub/irs-pdf/f8833.pdf

 

Submit everything by mail to the designated IRS location as instructed on your Form 1040 print out. 

jinggu_121812
New Member

Tax treaty for alien resident

I tried the steps that you recommended. On my wages and income section for Federal Taxes, I have an additional row saying "miscellaneous income, 1099-A, 1099-C is -$5000.  Is this correct? Another question is that do I still e-file my tax return? I will print out 1040A form generated from TurboTax and then mail it together with form 8833 to IRS location. It seems that only CA refund increases after claiming exemption from tax treaty. Is that reasonable?
Thanks.
jinggu_121812
New Member

Tax treaty for alien resident

Anything else to mail to IRS? How about W2 and 1098T form?
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

Select "Start " under Miscellaneous Income, on next screen, scroll all the way down to "Other Reportable Income"
You cannot e-file.  Yes.  Gather every required form as instructed on your print out along with the Form 8833 and 1040 and submit by mail.

jinggu_121812
New Member

Tax treaty for alien resident

Just to clarify, the exempted amount ($-5000) would be under miscellaneous income?
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

It's under the Misc Income category.  After that, on the list, scroll down to the next category of Other Reportable Income.   If it is showing on your line 21 of the Form 1040 as a negative figure, what you are doing is correct.
jinggu_121812
New Member

Tax treaty for alien resident

How am I able to review the form 1040 without actually filing it? I have not seen the form 1040 even after I reviewed my Federal and state Taxes.
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

See answer below.
jinggu_121812
New Member

Tax treaty for alien resident

Thank you so much. I saw the negative figure on line 21 of the 1040 form.
LinaJ2018
Intuit Alumni

Tax treaty for alien resident

Awesome !
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