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Subject Author Date
Can a green card holder claim tax treaty benefits? amityagin 04-06-2008
Posted by amityagin on April 6, 2008, 4:16 pm
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I was a foreign student during January-November 2007 and I received my
green card in December 2007. I know that I'm now considered a resident
alien for taxation purposes.

Can I still claim tax treaty benefits for the part of the year where I
was in a foreign student status?

Which official publications are discussing it?

-Anton

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Posted by Mark Bole on April 6, 2008, 9:34 pm
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 amityagin@gmail.com wrote:
> I was a foreign student during January-November 2007 and I received my
> green card in December 2007. I know that I'm now considered a resident
> alien for taxation purposes.
>
> Can I still claim tax treaty benefits for the part of the year where I
> was in a foreign student status?
>
> Which official publications are discussing it?

See Pub 519, chapter on "Dual Status Tax Year".

-Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Alan on April 12, 2008, 11:44 am
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amityagin@gmail.com wrote:
> I was a foreign student during January-November 2007 and I received my
> green card in December 2007. I know that I'm now considered a resident
> alien for taxation purposes.
>
> Can I still claim tax treaty benefits for the part of the year where I
> was in a foreign student status?
>
> Which official publications are discussing it?
>
> -Anton
>
You are dual-status alien for 2007 assuming you were holding a
valid F or J visa while a student. Your start date as a resident
alien (RA) is your first day as a lawful permanent resident.
Let's assume that was 12/1. You would be a nonresident alien
(NRA) for Jan. thru Nov. As such, for the period of time that you
were an NRA holding a valid F or J visa, you could avail yourself
of any tax treaty benefit available to you. Lastly, there is at
least one and possibly more than one tax treaty with a country
that allows RAs to claim the treaty benefit as well. E.g., the
treaty with the PRC allows an exception to the savings clause for
students and teachers thereby extending the $5000 income
exclusion to a student who becomes an RA or a US citizen.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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