Hello, I am a J-1 visa holder, trying to file my tax for 2008. I am trying to find out which form I need to fill , whether its 1040NR or 1040NR-EZ or 1040-EZ etc.

It will be highly helpful if you could provide help of any sort. I am ready to provide any sort of informations>

My details are:
- I have been in US for one year.
- worked in texas , so no state tax.
- my income is around ($ 46200) for 2008
- my federal tax ($ 8097)
- and in 12th column D - 2300 in W2 form
- my citizenship is india but I came from London as i was doing PhD at that point.
- I am single and have no dependants in US and I am not into medical loans or anything.

These are my details. And regarding treaty, I need to file based on my citizenship, is that correct . I have a student visa in UK, so do I need to point out to that country.

Could you help me which form I need to fill and obviously there must be some software existing, is there any recommendable one.

thanks very much for your time,

dinesh

Also, COULD YOU SAY ME PROBABLY HOW MUCH MONEY WILL I GET BACK, unfortunately I filled up a form called 1040-EZ and it gave me just 3000, but I heard normally for J-1 , most of the money will be refunded.

Dinesh:

Even though you came from the U.K. I suspect you are NOT a U.K. citizen, and that your passport originates from India. If so, then the U.S.-India Tax treaty applies.

What is the NATURE of your endeavors in the U.S. Are you a

- student?
- trainee?
- teacher, researcher, or professor?

Each gets treated differently tax-wise, so we need to know.

Thanks for your reply mail.

I am enrolled as a student in J1 visa and not as a trainee.

As a student, you are under the five-year exemption from the Substantial Presence Test.

As an Indian citizen, you are authorized to claim the $5,450 standard deduction on Form 1040NR or 1040NR-EZ, just like a U.S. citizen. This being the case, the tax refund that the tax software gave you is probably accurate.

However, you must file Form 1040NR or 1040NR-EZ plus Form 8843 for 2008, and you will continue to file these forms until the year after your exemption expires which is probably on 31 December 2012.

Hello,

Thanks once again, I am currently using the free software provided by your firm for the 1040NR-EZ and I have a doubt in it and I have emailed your [email protected].

The question is there is a section called, University Information *,Name of your Educational Institution * , Street Address *, City *, State * , Zip ,University Phone *, Name of your Program or Department Director etc.

Is this question applicable to foreign university or US university, If its applicable to foreign university, then country name is provided. I am wondering whether this section is for my Current employer as it says on the below, 'Explain your purpose of your stay in United States'. Could you clarify me with this question. Also here in US I am employed as an Intern in a company and not in educational institution.

Thanks,

Dinesh

Thanks for your earlier replies, I had tried to finish this form but the treaty thing hasn't worked out for me and I don't know where to enter the indian treaty of 5450$ I presume, could you help me sort this problem out, I have tabulated below, my form, in my W2 form I have just my wages, which is 46276 and the federal tax which is 8097, I have no state tax as I am from Texas..

3. Wages, salaries, tips, etc. Attach Form(s) W-2 (see page 4) ------- 46276

4. Taxable refunds, credits, or offsets of state and local income taxes (see page 5) - -NA-

5. Scholarship and fellowship grants. Attach explanation (see page 5) -------- - NA-

6. Total wages and scholarships exempt by a treaty from page 2, Item J --------

(I amnot sure what amount to enter and how it will affect my overall total tax. Since I am an Indian national, I have been told that I am authorized to claim the $5,450 standard deduction on Form 1040NR-EZ$, but even if I include 5450 , no where its been mentioned with what I need to deduct or add this 5450 amount.)

7. Add lines 3, 4, and 5 ----------- 46276

(Even I am not sure whether this 46276 is the correct amount or I need to subtract 46276 with 5450 (treaty), It is not mentioned in the instruction manual)

8. Scholarship and fellowship grants excluded (see page 5) ---------------- - NA -

9. Student loan interest deduction (see page 5) ----------------- - NA -

10. Adjusted gross income. Subtract the sum of line 8 and line 9 from line 7 --- ?

11. Itemized deductions (see page 6) ------------------ -NA-

12. Subtract line 11 from line 10

13. Exemption deduction (see page 6) ------ 3500

14. Taxable income. Subtract line 13 from line 12 ------------------------?

15. Tax. Find your tax in the Tax Table on pages 12 –20 -------------------------?

16. Unreported social security and Medicare tax from: ------------------------- -NA-

17. Add lines 15 and 16. This is your total tax © --------------------------- ?

18. Federal income tax withheld (from Form W-2, 1042-S, and 1099-R) ---- 8097

(This amount came from w2 form , I don’t have 1042-S or 1099-R)

19. 2008 estimated tax payments and amount applied from 2007 return --------NA-

20. Credit for amount paid with Form 1040-C ---------- NA-

21. Add lines 18 through 20. These are your total payments. ------------------ ?



PLEASE COULD SOMEONE HELP ME ANSWER THESE QUESTIONS

THANKS FOR YOUR TIME

Dinesh

You enter the $5,450 on Line #11 (Itemized Deductions).

When you print out the form, neatly print "Standard ded auth under U.S.-India Tax Treaty" n the dotted line to the left of the Line #11.

Hi.. I went to USA on J1 short term scholar VISA... am I eligible for 5450 $ standard deduction?

Thank you...

Redundant post; already answered.

J-1 Visa holders who are nonresidents are entitled to the standard deduction only if, they are from India. See publication 519 Tax Guide for Aliens, p. 27 under the heading "standard deduction". They will indicate in simple terms how its claimed, and what Indian residents qualify.

You can access a PDF version of this publication (519) from the IRS website, Internal Revenue Service. and type "pub 519", in their search box in the upper left hand corner. Once you have the search results, click on the link with the Adobe logo next to it.

If you can't take the standard deduction, your tax treaty may provide some exemption, if your're not from India. The treaties table of contents list the income by type. Also, sometimes Pub 901, (accessed the same way), which reviews all tax treaties in summary form can be helpful.

You can find these tax treaties the same way. Type... " (your countries name) tax treaty",
In this same search box.

Correction, upper left hand corner of IRS website, will you find the search box.

Not EVERY J-1 visa holder from India is entitled to the standard deduction.

Only students and business interns are so entitled.

Researchers who otherwise do NOT qualify for income tax exemption (say, because they are researching for a for-profit corporation) CANNOT claim the standard deduction.

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