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8833 may not be needed

发信人: oOOo (\_/o!o\_/), 信区: TAX
标  题: Re: 关于8833和方博士探讨
发信站: Unknown Space - 未名空间 (Tue Apr 12 11:52:54 2005), 站内信件

basically, the last paragraph of page 49 says you don't have to report
the $5000 treaty income UNLESS it's (incorrectly) included in your W-2.

the hassle of subtracting $5000 in Line 21 is merely because in this
case your W-2 (and therefore 1040 Line 7) has an extra $5000 in it.
all these is trying to keep W-2 and Line 7 consistent while you still
can get the $5000 benefit. To keep the two consistent will definitely
be the rule of thumb.

So my tentative solution to this is: (suggestions are welcome :)

case 1) W-2 doesn't include the $5000, and you have 1042-S which shows it.
    i think you don't need to mention the $5000 in 1040, no need for 8833.
case 2) W-2 includes the $5000, and you don't have a 1042-S to explain it.
    go the +/- way as suggested in JHQ, and you probably want to enclose
    a 8833 to further explain the treaty

【 在 dor (大米老鼠) 的大作中提到: 】
: I cannot find
: : it says income of students
: : do not need to file form 8833 for claiming treaty.
: in pub 519 p49-50.
: 【 在 BlueJade (Thunderwow) 的大作中提到: 】
: : from latest Pub. 519, page 49-50,
: : it says income of students
: : do not need to file form 8833 for claiming treaty.
: : what need to do is
: : in line 21 (of form 1040),write (5000)
: : "next to the amount write "exempt income" and give the
: : treaty country and treaty article" (quote from page 49).
: : Above is for cases which 5000 is not exempt from taxable income.
: : If you have file W-9 at the beginning of the tax year,
: : then you "will not need to report the income on your form
: : 1040 because the income will be exempt from U.S. tax
: : under the treaty".
: exemption的


--
9527    southpork

※ 修改:.oOOo 于 Apr 12 11:56:32 修改本文.[FROM: 128.2.]
※ 来源:.Unknown Space - 未名空间 mitbbs.com.[FROM: 128.2.]

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