Ok, my inquiry is the following.

I arrived to the US under a H1B visa in March 05, and worked here (paid by a US company in an US account) the whole year. In a couple of weeks I will be coming back to Europe (indefinitely), but for at least a year the US company will keep paying my salary in my US bank account and withholding the US taxes.

For the 05 taxes I'm pretty clear that I have to file as a resident Alien with a normal 1040 (correct me if I'm wrong). But for next year (06) I don't know what to do. can I claim those taxes withholded back? if so, what is the procedure?.

Thanks,

P

AtlantaTaxExpert

Papete:

You will file Form 1040NR. If you are paying taxes to other countries, you can claim a credit against the U.S. taxes, or you can claim a credit against the other country's taxes for U.S. taxes paid.

papete

Thanks a lot expert!!
Now my doubt is: given that I'm going to be a resident in a foreign country, shouldn't my US payer NOT withhold any taxes from my payroll? should I sumbit a W-8BEN?

Thanks again,

P

AtlantaTaxExpert

Papete:

Since you are being paid by a U.S. employer into a U.S. account, the IRS does NOT consider you to be in a foreign country.

You can file the W-8BEN, but I cannot predict what the RS response would be.