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  Answer this Question    Ask about Taxes    Ask about another Subject  
 

silpakona
Mar 27, 2007, 12:10 PM
Hi,

I entered USA in the August of 2005 on F-1 Visa. I received a graduate assistantship for one year and later on became a Research Assistant (RA) in my department.

Being an RA entitles me to full tuition remission and am paid a stipend of 18K per year. When I filed my taxes previously with a Public accountant, he asked me if I intended to settle down in this country. My answer was yes and he filed my taxes using the
1040 EZ form.[/COLOR]


However, my friends who have been filing their taxes elsewhere, use the 1040NR-EZ and the 8843 form.

I have noticed that they file their taxes saying tht their entire "Stipend Income Amount" is exempt from taxes -- using the INdia -usa tax treaty .

This gives them back all the taxes that they have paid over the year-both federal and state.

I fail to understand if this is legally correct.

Am I filing the wrong forms and losing out on the money that I dont have to pay as tax??

I personally think that after some years down the lane, they might have to pay back tht money retroactively. I might be wrong and would like to know the real deal.

taxsearcher
Mar 27, 2007, 04:18 PM
Hi,

I entered USA in the August of 2005 on F-1 Visa. I received a graduate assistantship for one year and later on became a Research Assistant (RA) in my department.

Being an RA entitles me to full tuition remission and am paid a stipend of 18K per year. When I filed my taxes previously with a Public accountant, he asked me if I intended to settle down in this country. My answer was yes and he filed my taxes using the
1040 EZ form.[/COLOR]


However, my friends who have been filing their taxes elsewhere, use the 1040NR-EZ and the 8843 form.

I have noticed that they file their taxes saying tht their entire "Stipend Income Amount" is exempt from taxes -- using the INdia -usa tax treaty .

This gives them back all the taxes that they have paid over the year-both federal and state.

I fail to understand if this is legally correct.

Am I filing the wrong forms and losing out on the money that I dont have to pay as tax??

I personally think that after some years down the lane, they might have to pay back tht money retroactively. I might be wrong and would like to know the real deal.

Many accountants in this country have little knowledge of international taxation. You should have filed as a NON RESIDENT. File a 1040 NR and you also need to file an amended return for last year.

AtlantaTaxExpert
Apr 2, 2007, 01:13 PM
Agree with TaxSearcher.

It is possible that your stipend is entirely tax exempt. You will need to amend the return to get that taxes back.