View Full Version : Joined in December on H1B visa- can I get the tax refund?
anjan_ece
Dec 27, 2013, 09:48 AM
Hi,
I have joined a company in USA in December 1st week.
In my first pay check I see lot of tax being deducted by the company (I got some relocation bonus etc).
Since my stay in USA for 2013 is less than a month , will my tax be refunded.
Thanks in advance.
taxesforaliens
Jan 2, 2014, 08:08 AM
Most likely you will get a substantial refund. If you get everything back depends on the amount of your income.
When did you come exaclty to the US?
You are a non-resident alien and would file form 1040NR or 1040NR-EZ. If your earned income is less than the personal exemption (which is $3900), you will receive a refund of all your withheld income taxes. Note that social security and medicare taxes are not refunded.
You can also claim moving expenses asa non-resident alien if you qualify:
Publication 521 (2013), Moving Expenses (http://www.irs.gov/publications/p521/index.html)
If you income is higher than the personal exemption/moving expenses and you were in the US 31 or more days in a row in December/November, you could wait to file your return unti lyou are a residnet alien in 2014 and then use the first year choice. Publication 519 (2012), U.S. Tax Guide for Aliens (http://www.irs.gov/publications/p519/ch01.html#en_US_2012_publink1000222164)
That would make you a dual status alien for 2013: Taxation of Dual-Status Aliens (http://www.irs.gov/Individuals/International-Taxpayers/Taxation-of-Dual-Status-Aliens)
And if you are married, you can then choose to be treated as resident aliens for the entire year and file a joint return, but you would have to report worldwide income.
I would assume that filing as non-resident alien plus using moving expenses, you should be able to get a full refund
AtlantaTaxExpert
Jan 3, 2014, 01:27 PM
TaxForAliens has covered all pertinent issues if you are single.
If you are MARRIED, please let us know.