Treaty Claim

[Wang6]

Based on Us and China treaty. There is a $5000 exemption and the fellowship exemption. I got a 1042-S for fellowship. And it seems the $5000 didn’t get exempted according to my W2. I am a resident alien for tax purposes. Can I claim both exemption and how?

[DaveF1006]

Yes, if you are a F-1 student still in the five-year exemption period, you will be eligible to exclude $5000 from your W2 pay and the 1042 S income for the fellowship as well. You will file 1040 NR tax return with Sprint Tax.  Please contact them here for further details.

If you aren't an F-1 exempt student, you will not be eligible for the treaty and fellowship exemption.