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View Full Version : Visa switch from J1-student-non-degree to J1-short-term-scholar, tax treaty


victormauri
Apr 6, 2011, 11:44 AM
Hi everybody,
I'm german citizen and I'am in the States since October. First I was here under a J1-visa (subcategory: student-non-degree). I did research at a big hospital. I was not paid for this work. Allthoug in the student-non-degree-category, I was never enrolled in any educational program or had student status of any University here. In March now I changed to another hospital to do research. For any reason it was not possible just to transfer my visa, I had to leave the country and apply for a new visa. So I was two weeks out of the country (Mexico) and I'm now back on a J1-visa, this time subcategory short-term-scholar. Again I'm doing research, basically the same like I did beforen. This time I get compensated from the hospital. I will get 13 000 Dollars for the six months. My visa is not extendable. For any reason now I have to pay taxes and the payroll analysts here are not able to explain me why. Since I had no income at my previous institution, I never claimed any exemption from taxes on my previous visa.
Maybe somebody can help me,
Thank you very much,
Victor

AtlantaTaxExpert
Apr 15, 2011, 12:36 PM
Victor:

Off-hand, I would expect that your pay is EXEMPT from federal income taxes.

For sure, it is exempt from FICA (Social Security and Medicare) taxes.

The only issue is whether you were required to go back to Germany and re-establish residency IN GERMANY before coming back on the scholar J-1 visa.

If not, the previous J-1 visa still applies, and I believe you get a $9,000 treaty exemption. Combined with your personal exemption, that would effective negate any taxes due.

If you need professional help filing your return, email me at [email protected] or [email protected].