Hi,

I had landed in Atlanta, GA, USA on L1B Visa on 21st May 2011 and back on 1st Oct 2011 to India. My USA stay was only for 134 days.My salary was paid by our subsidiary company XXXX American Inc. From USA and transferred to My US account. The company had withheld tax from my salary based on the yearly projected salary. (Yearly salary 60K, salary for 4 months 20K, tax deducted based on 60K).

Here are few queries from my side...

1) Do I eligible for refunds as my stay was in USA only 134 days?
2) If yes, what forms do I need to fill to get refunds?
3) How I will get refund as currently I am in India?
4) What documents do I need from my employer?
5) Can I file returns online?
6) Do I need to file a separate return for state (GA?)



Regards,

Jrsvis

1) You are liable for U.S. taxes because your income, coming from a U.S.-based company, is considered U.S.-sourced. You will probably get a refund of some type, but it will NOT be a complete refund.

2) You need to file Form 1040NR or 1040NR-EZ.

3) Hopefully you kept your U.S. bank account open so that direct deposit to that account can be done. Otherwise, the refund check will have to be mailed to your Indian address. Unfortunately, the Indian postal system is infamous for losing refund checks.

4) The W-2.

5) No; the Form 1040NR or 1040NR-EZ MUST be mailed.

6) Yes, the Georgia return also must be filed, but THAT return CAN be efiled.

If you need professional help filing, access my profile by double-click my name above and find my email address in my profile. This IS what I do!