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pgraponi
Feb 23, 2011, 04:25 AM
Hi, I'm italian and I've been in the US for 6 months in 2010 as a intern in a US company with a J1 visa (short term scholar).
I have a couple of questions that I hope you'll be able to answer.
Including a couple of days of vacation before and after the working period, I was in the US for exactly 184 days.
Am I a resident or a NR alien? I know that I pass the substantial presence test (183 days), but there are some exceptions that I don't really get if may be applicable in my case, i.e. the teacher/trainee under a J visa. Should a short-term research scholar be considered a trainee or not?
I've received the W2 form from my employee, I shoud use that form to fill the 1040NR-EZ or 1040-EZ according to my status and that's it?
Do I need to send hard copies or everything might be done electronically only?
Thank you for your help

MukatA
Feb 23, 2011, 04:41 AM
You will file nonresident tax return. You income is exempt from federal income tax for two years. Read Publication 901, Tax Treaties--Professors, Teachers,
And Researchers, Italy.

pgraponi
Feb 23, 2011, 05:50 AM
Thanks MukatA for your answer.
My doubt is: such treaty is applicable even if my employer was a private, for-profit US company and not a University or similar?
Thanks again

MukatA
Feb 23, 2011, 08:16 AM
This is the treaty info
A professor or teacher who is a resident of Italy immediately before the date of arrival in the United States and whose visit to the United States is expected to last no more than 2 years to teach or conduct research at a university, college, school, or other recognized educational institution, or at a medical facility primarily funded from government sources, is exempt from U.S. income tax for up to 2 years on pay from this teaching or research.
This exemption does not apply to income from research carried on mainly for the private benefit of any person rather than in the public interest.
Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

pgraponi
Feb 23, 2011, 08:35 AM
Thanks again MukatA for your answer.
So the treaty is not applicable in my case.
For what regards the alien status, I understand from the section
"* A teacher or trainee temporarily present in the United States under a ā€œJā€ or ā€œQā€ visa, who substantially complies with the requirements of the visa, is normally exempt for 2-years."
That I may be exempt, so I should file my tax form as a NON resident alien, even if the "(short-term) scholar" category is not explicitly mentioned in the cases. Am I right?

Thanks again