Dear Tax Experts,

I am a Vietnamese international student currently working under OPT, which expires by December 31 of 2008. Since I can't stay in the US beyond that date, how do I file my tax return? I don't think I'll have Form W-2 from my employer by then.

Thank you for your time.

Best wishes,

Toan Nguyen

Toan:

Be sure your employer has a good mailing address for you, as well as an email address. Further, do NOT close your U.S. checking account when you leave at the end of the year.

More than likely, your employer can email you PDF copies of your W-2.

With the PDF copy, you can file the Form 1040NR with Form 3903 (to claim the moving expenses back to Vietnam) from Vietnam. If you need help, you can email me at the address below. Our company routinely helps foreign nationals file returns from their home country, with the refunds from BOTH the IRS and the state direct deposited into their U.S. bank accounts.

Then it is a simple matter of having the U.S. bank wire the money to your home country bank.

This entire process can be handled using the Internet and email. We have done it successfully multiple times over the past several years.

I appreciate your help, AtlantaTaxExpert. Since I'll be leaving my current employer soon, can I in some way ask my employer to send me the W-2 early and then "pre-file" my tax? Another possibly unrelated question is, "How does my U.S. bank do the electronic transfer without my presence?" I don't think Washington Mutual is in Vietnam yet.

Thank you.

I do not think that the Form W-2 for 2008 have not even been printed yet (the PDF copies on the IRS website cannot be used), nor has any W-2 software for 2008 been published, so generating a 2008 W-2 early MAY be a problem. Further, the EARLIEST you can file a 2008 tax return is 1 January 2009.

As for doing the EFT, you can coordinate with WAMU before you leave to have them do the wire transfer at your behest via either a telephone call or an email. All it takes is a bit of coordination prior to your departure.

At worst, they will do it if you send them a signed letter of instruction. That may take a little longer, but it CAN be done.

Banks accounts have been opened and closed using ONLY correspondence for decades.

Thanks again. If the earliest I can file a 2008 tax return is 1 January 2009 then I guess I can use my 60-day grace period after my OPT expires to do so before I leave, right? But anyway I won't be able to wait for my refund in America.

That is why you use direct deposit to your still-opened U.S. bank account, neither the IRS nor the states will direct despoit to a foreign bank.

Hi AtlantaTaxExpert,

I've had conflicting opinions about being able to claim deduction for travel back to my home country after the OPT. Is it not true that you need to be a resident to be able to claim?

Hi AtlantaTaxExpert,

I've had conflicting opinions about being able to claim deduction for travel back to my home country after the OPT. Is it not true that you need to be a resident to be able to claim?

Negative; you can and should claim moving expenses back to your home country if you reasonably expect to remain there for at least 39 weeks (Moving Expense Time Test).