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大学生

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本帖最后由 江年年 于 2015-4-2 14:06 编辑
做了一点调查
Should I send Form 8833 to claim tax treaty benefits?
A: If you are a Tax Non-Resident, you do not file a Form 8833. You will enter your treaty information on Form 1040NR or 1040NR-EZ. If you are a Tax Resident, we suggest you complete Form 8833 and send it with your Tax Return. (See question below).
Q: How can I claim a tax treaty benefit if I am a tax resident?
A: Use the regular resident forms to file your tax return (1040, 1040A or 1040EZ). Do NOT list any income which is tax-exempt under a tax treaty. Then complete a Form 8833 to explain why you did not list all of your income on the 1040. Complete Page 2 (only) of the 1040NR-EZ. Send all forms to the IRS address used for Non-Residents in Austin, Texas.
Note: IRS regulations do not normally require Form 8833 for students and scholars. However, we suggest Tax Residents complete it anyway to help clarify the tax treaty declaration.
IRS Form 8833 Instructions - Reporting US Tax Treaty Benefits Claimed
If you are a Foreign Resident living in US and claiming US Tax Treaty benefits to reduce your US income taxes, you may file File Form 8833, only under special circumstances. This is not a mandatory form, that must be filed whenever US Tax Treaty benefits are claimed.
File Form 8833 if you meet the criteria below;
1. You are a Foreign Resident, claiming Tax Treaty Benefits and your income is more than $100,000.
2. You claim credit for a special Foreign Tax, for which the Tax Credit is not allowed under US IRS Tax code.
3. Claiming Tax Treaty based tax reduction, based on the the disposition of a real US property interest.
Do not File Form 8833 if you meet the criteria below;
1. Tax Exemption for Students (F1 Visa for 5 years, J1 visa for 2-3 years), Teachers, Trainees, Artists and Athletes.
2. If your claim your Scholarship or Fellowship Income in Form 1042-S.
3. Claim Tax Treaty based Tax Reduction based on International Social Security Agreement or Diplomatic or Consular Agreement.
所以这样看来f1 是不需要填8833 的
而且在1040 NR的L项 显示了treaty的内容
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