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sudipr
May 20, 2008, 11:18 AM
Hi,

I am a student in NY University for 10 weeks. I have a stipend of 600$ per week.
Total amount = 6000
Tax = 840
Amount I get = 5040
The institute withholds 14% of the amount as tax. Can you tell me if I am eligible for a tax refund and if so what forms do I have to fill up to get the refund.
I do not have a family with me. I am from India. I am neither a dependent nor is somebody dependent on me.

AtlantaTaxExpert
May 20, 2008, 02:27 PM
If you file as a non-resident alien, you will get ALL of your withheld income taxes back ($840).

Indian students on F-1 visas are eligible to claim the $5,350 standard deduction in addition to the $3,400 personal exemption.

This combined figure ($8,750) is GREATER THAN $6,000, so you have NO tax liability, hence the total refund.

MukatA
May 20, 2008, 04:38 PM
Yes, when you file your tax return, you will get the refund. Also,
F1 student is exempt from residency for 5-years. That is you will file nonresident tax return and your income is not subject to FICA (Medicare and Social Security) taxes. You must file tax return, if the income in 2007 is $3,400 or more. You must also file form 8843.

For the U.S. and India Tax Treaty, read: Your U.S. Tax Return: U.S. Tax Treaties for Students and Apprentices (http://taxipay.blogspot.com/2008/03/us-tax-treaties-for-students-and.html)

vioravis
May 22, 2008, 10:38 PM
Since Sudipr has been here for only 10 weeks, I think he will get the refund only when he files the 2008 return in 2009. I don't think he can get a refund this year itself. By the time he files the 2008 return, his income would have exceeded standard deduction+personal exemption (assuming he earns at the same rate for the reminder of the year). Please correct me if I am wrong.

AtlantaTaxExpert
May 23, 2008, 07:25 AM
That is true, if Sudipr is speaking of 2008. It is unclear of WHICH year he speaks.