好吧，IRS專門有一個關於中國人的例子

來源: 檸檬椰子汁 於 2015-04-22 13:16:28 [] [舊帖] [給我悄悄話] 閱讀數 : (1608 bytes)
本帖於 2015-04-22 13:26:31 時間, 由版主 檸檬椰子汁 編輯

http://www.irs.gov/publications/p519/ch09.html#en_US_2014_publink1000222734

Example.

Mr. Yu, a citizen of the People's Republic of China, entered the United States as a nonresident alien student on January 1, 2010. He remained a nonresident alien through 2014 and was able to exclude his scholarship from U.S. tax in those years under Article 20 of the U.S.-People's Republic of China income tax treaty. On January 1, 2015, he became a resident alien under the substantial presence test because his stay in the United States exceeded 5 years. Even though Mr. Yu is now a resident alien, the provisions of Article 20 still apply because of the exception to the saving clause in paragraph 2 of the Protocol to the U.S.-People's Republic of China treaty dated April 30, 1984. Mr. Yu should submit Form W-9 and the required statement to the payor.

Paragraph 2 of Protocol provides:
Notwithstanding any provision of the Agreement, the United States may tax its citizens.  Except as provided in
paragraph 2 of Article 8, paragraph 2 of Article 17, and Articles 18, 19, 20, 22, 23, 24 and 26 of this Agreement, the United States may tax its residents (as determined under Article 4).

以上段落，第一句是saving clause，第二句話是exception to the saving clause, 包括對article 19的收入，美國也不能用saving clause來征稅。由於樓主是claim article 19, 雖然他們已經獲得綠卡，他們在美頭三年也可以不交美國稅。


所有跟帖： 

請您先登陸，再發跟帖！