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Huaren
等级下士
威望--
贴子648
魅力1094
注册时间2006-01-19

coder

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税表tips, (for F1, 超过5年的)

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2006-03-08 15:46:00

(1)首先是填那个表,只要你的status是F1,并且超过5年了,不管是OPT还是CPT,都用form 1040EZ或者1040


这个的理论根据是pub 519, 看看上面non-resident or resident-alien的定义就知道了。记得前两天看见一个帖子说只要是 F1就是NR,这个是不对的。


(2)关于$5000的tax treaty, 这个还是可以继续用的,如果你的免税没有在w2上面体现出来,就是如果你全年所有的工资都扣税了,那么在1040第21行上面填上$5000,并且写上这个是tax exempt income, China, treaty article 20,然后在22行总额里面减去5000刀就行了。


理论依据是pub 519 Chapter 9,下面是从pub 519里面copy下来的。


How to report income on your tax return. In most cases, you also will not need to report the income on your Form 1040 because the income will be exempt from U.S. tax under the treaty. However, if the income has been reported as taxable income on a Form W-2, Form 1042-S, Form 1099, or other information return, you should report it on the appropriate line of Form 1040 (for example, line 7 in the case of wages, salaries, scholarships, or fellowships). Enter the amount for which treaty benefits are claimed in parentheses on Form 1040, line 21. Next to the amount write “Exempt income,” the name of the treaty country, and the treaty article that provides the exemption. On Form 1040, subtract this amount from your income to arrive at total income on Form 1040, line 22.


不记得是在这里还是mitbbs上面了,看到有人误导说不能用什么的,真是太不厚道了。
Huaren
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2006-03-09 11:04:00

以下是引用iamflying在2006-3-8 16:25:00的发言:


这个以前不知道啊,pub 519上哪里有,LZ 具体说说好吗?



http://www.irs.gov/publications/p519/ch01.html


http://www.irs.gov/publications/p519/ch09.html#d0e10330

Huaren
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2006-03-09 11:08:00

以下是引用heavysnow在2006-3-8 23:35:00的发言:




Students, Apprentices, Trainees, Teachers, Professors, and Researchers Who Became Resident Aliens



Generally, you must be a nonresident alien student, apprentice, trainee, teacher, professor, or researcher in order to claim a tax treaty exemption for remittances from abroad for study and maintenance in the United States, for scholarship, fellowship, and research grants, and for wages or other personal service compensation. Once you become a resident alien, you generally can no longer claim a tax treaty exemption for this income.


However, if you entered the United States as a nonresident alien, but you are now a resident alien for U.S. tax purposes, the treaty exemption will continue to apply if the tax treaty's saving clause (explained later) provides an exception for it and you otherwise meet the requirements for the treaty exemption (including any time limit, explained later).


If you qualify under an exception to the treaty's saving clause, you can avoid income tax withholding by giving the payor a Form W-9 with the statement required by the Form W-9 instructions.


Saving clause. Most tax treaties have a saving clause. A saving clause preserves or “saves" the right of each country to tax its own residents as if no tax treaty were in effect. Thus, once you become a resident alien of the United States, you generally lose any tax treaty benefits that relate to your income. However, many tax treaties have an exception to the saving clause, which may allow you to continue to claim certain treaty benefits when you become a resident alien. Read the treaty to find out if it has a saving clause and an exception to it.


Time limit for claiming treaty exemptions. Many treaties limit the number of years you can claim a treaty exemption. For students, apprentices, and trainees, the limit is usually 4-5 years; for teachers, professors, and researchers, the limit is usually 2-3 years. Once you reach this limit, you can no longer claim the treaty exemption. See the treaty or Publication 901 for the time limits that apply.


F1 visa holders present in the US more than five calendar years are considered as resident aliens for tax purposes. I guess this 'exception' to the saving clause for US-China tax treaty enables those who present in the US for more than five years.



nod nod,

http://www.irs.gov/publications/p519/ch09.html#d0e10330


Some exceptions to the saving clause apply to all resident aliens (for example, under the U.S.-People's Republic of China treaty); others apply only to resident aliens who are not lawful permanent residents of the United States (green card holders).

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