Hi, I came to USA on L1-B visa on Mar 25, 2008 and will be back to india on Sep 15, 2008 (less than 183 days). Now I am paying good amount of US tax (including Federal, VA State tax, social security and medicare. Lets say $1600) here and I am not getting my indian salary also. My indian and american company both are same. Where can I get the tax guide and break-ups? Is there a chance can I get a refund? If yes (probably no also) please suggest me where I can get the information about this.

Thanks in Advance.

Regards,
Raj.

Raj:

Due to your L-1B visa, you will NOT get any refund for the Social Security and Medicare taxes.

If you are being paid by a U.S. subsidiary of your Indian company, then your salary IS subject to U.S. taxes. However, if you are NOT being paid a per diem stipend to cover your daily living expenses, those expenses (as determined by IRS Pub 1542), such as rent, food, transportation and other incidental costs can be deducted as an employee business expense on Form 2106 and Schedule A of the Form 1040NR. That may have the effect of refunding most, if not all, of your withheld federal income taxes.

Hi AtlantaTaxExpert,

Thanks for your quick clarification. I will check with my Employer regarding this. I have one more question that where I can obtain these information. Is there any document downloadable from US tax site? If yes, please suggest me.

Read this about U.S. and India tax treaty: India U.S. Tax Treaty (http://mytaxes.in/index.php?topic=15.0)