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-   -   Taxes for non-resident person J1 visa (https://www.askmehelpdesk.com/showthread.php?t=307281)

  • Jan 22, 2009, 02:33 PM
    Juliette453
    Taxes for non-resident person J1 visa
    Hi Everybody,

    I have worked in the US since 02/2007.
    Between 02/2007 and 07/2008, I was with a J1 visa,
    Then since 08/2008, I work with a H1-B visa.

    One told me that "Nonresident J-1 visa holders are generally exempt from FICA for the first two calendar years that they are in the United States".

    Does-it mean that I can be totally exempt of FICA and SS taxes for the whole 2008 year?
    Or should I split the year in two?

    Thanks for your help,

    Juliette
  • Jan 23, 2009, 12:18 AM
    MukatA

    If you are single you will file non resident tax return Form 1040NR or 1040NR-EZ with Form 8843.

    During H1-B income, you must pay social security and Medicare (FICA) taxes. Your income during J1 is exempt from FICA taxes. On your return, you will get personal exemption of $3,500 and treaty deduction for J1 income.
    Make sure that your employer withholds FICA taxes during H1-B.
  • Jan 23, 2009, 09:27 AM
    AtlantaTaxExpert
    Also note that the J-1 exemption that allows you to file as a non-resident alien normally expires at the end of the second calendar year as well.

    This means that, unless there is a tax treaty provision that provides otherwise, you will file as a resident alien, filing Form 1040 for 2009.

    That really does not affect you, due to your H-1B visa status, but it is good-to-know information for the forum reading public.

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