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-   -   L1 Visa - Tax query (https://www.askmehelpdesk.com/showthread.php?t=272367)

  • Oct 22, 2008, 11:53 AM
    chrisinfo
    L1 Visa - Tax query
    Hello all,

    I am in USA on a L1 B VISA for a short period August (<3months) ,
    I already have SSN .
    Since my stay is short , I will not be in my company US payroll.
    I will be getting only deputation allowance that too with my home country payroll.

    Please advise me on the following questions

    1. Do I need to file TAX ?

    Because I do not have any pay slips here in USA.

    2. If I do not file tax now , will it be a problem for my futre processing(Greencard, VIsa extension etc... )

    Thanks a lot in advance.
  • Oct 22, 2008, 01:56 PM
    AtlantaTaxExpert
    It would be helpful if you could identify your home country. Unfortunately, our skills do NOT include ESP.

    That said, more than likely, no tax will be due because the income earned is NOT U.S.-sourced and your stay is less than 183 days.
  • Oct 23, 2008, 09:47 AM
    chrisinfo
    Quote:

    Originally Posted by chrisinfo View Post
    Hello all,

    I am in USA on a L1 B VISA for a short period august (<3months) ,
    I already have SSN .
    Since my stay is short , i will not be in my company US payroll.
    I will be getting only deputation allowance that too with my home country payroll.

    Please advise me on the following questions

    1. Do I need to file TAX ?

    because i do not have any pay slips here in USA.

    2. If i do not file tax now , will it be a problem for my futre processing(Greencard, VIsa extension etc ... )

    Thanks a lot in advance.

    I am from India(home country ) and I am sure that my stay is going to be less than 183 days
  • Oct 23, 2008, 12:53 PM
    MukatA

    This is from the tax treaty:

    Income that residents of India receive for personal services performed in the United States as employees (dependent personal services) is exempt from U.S. income tax if the residents meet three requirements.
    • They are present in the United States for no more than 183 days during the tax year.
    • The income is paid by, or on behalf of, an employer who is not a resident of the United States.
    • The income is not borne by a permanent establishment, fixed base, or trade or business the employer has in the United States.

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