发信人: tank (T-90), 信区: TAX
标 题: A follow up for tax treaty article 19
发信站: The unknown SPACE (Fri Mar 8 10:11:10 2002), 站内信件
A follow up of my post for treaty.
1. Article 19 applys to professors and researchers not to student. In one of
my post I mentioned research assistant, I meant full time RA in research
institute/university as employee, not part time RA as a student. If you
think student RA/TA can be categorized as researcher/lecture as well, you
can ask IRS or just claim it (I heard some people did that).
2. Aricle 19 applys regardless your visa type, when did you come to this
country, etc. If you are a researcher now, you can claim it anyway unless
you've claimed it for three years.
3. If you didn't claim it before, I don't know how to get it back. But I
personally think since you can claim it for three years anyway (notice
the key work "in aggregate" in article), you can claim it for 2001,2002
and 2003. So you don't have to ask it back.
This is my personal opinion and understanding from the plain English.
One CPA told me you can't understand the tax rules by just plain English,
IRS has the right to interpret the provisions. That's the reason why I
sent them email to ask. If your case is weird, you'd better ask them
5. The website I submitted my question is
They are quite responsive. Normally I got my answer in one week.
In one word, I feel the tax rule for aliens are messy and fuzzy. There
could be different interpretation on the same situation. If you get it,
you're lucky bird. So if you get bad response from IRS, keep arguing
with them until you get a good one. :)
※ 来源:．The unknown SPACE bbs.mit.edu．[FROM: 184.108.40.206]