How treaty exemptions work
- For nonresident aliens who are residents of the treaty country. First check your status with the substantial presence test calculator. Resident aliens can keep a student or teacher benefit only if the treaty makes an exception to its saving clause.
- Every condition must be met: the time limit, who pays you, the maximum amount and the notes under each country, which often limit the exemption to full-time students or to research for the public benefit.
- How to claim it: give the payer Form 8233 for pay (nonresidents), or Form W-9 with a saving clause statement if you are a resident alien relying on an exception, and claim it on your return.
- Income tax only. Social Security and Medicare follow separate rules: nonresident F-1, J-1 and M-1 students and scholars are generally exempt under US law.
55 countries have a studying and training provision, 31 a teaching or research provision.