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resident for tax purposes, but treaty still applies

resident for tax purposes, but treaty still applies

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Old Apr 10th 2005, 7:25 am
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Duke Nukem
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Default resident for tax purposes, but treaty still applies

Is it possible to file 1040EZ (not 1040NR-EZ) and disclose a treaty-based
position at the same time?

The treaty between the US and my country states that the US may not tax me.
However, even though as a student, I've been in the US longer than 5 years,
and according to 1040NR-EZ instructions and 8843, I should file as a
resident.

Is it still possible to file 8833 with 1040EZ, or is this a lapse in
bureaucracy, in which case I should probably just file 1040NR-EZ with 8843
(treaty) and explain this problem only if I'm audited?
 

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