In the first half-year of 2020, I was a nonresident alien on F1 OPT, and I got my non-cap H1b on 6/15/2020. So at the end of 2020, I have stayed in the US for more than 183 days and passed SPT. For the tax year 2020, should I file as a resident alien or dual-status alien? Besides, since I was on F-1 for the first half-year, can I claim the China-US Tax Treaty 20(c) to exempt my first $5000 income from federal tax? How can I do that using TurboTax?
Thanks a lot!
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You are considered as a resident for the year of 2020. If you meet the tax treaty requirement, you can claim the exemption on your Form 1040. Both nonresidents and residents can apply the tax treaty benefit on their taxes as long as they meet the requirements.
To enter the tax treaty exemption in the program, here are the steps:
Thank you very much for your reply! I wonder that besides form 8833, are there any other documents I need to submit to prove that I was on F-1 before 6/15/2020?
You might include some paperwork to prove you were on F-1 prior to becoming a resident alien. The IRS loves documented proof and paper trails.
Got it! Thank you very much!
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