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-   -   J1 Visa tax return information details (https://www.askmehelpdesk.com/showthread.php?t=739485)

  • Mar 16, 2013, 03:58 PM
    amandeepgautam
    J1 Visa tax return information details
    I visited US under J1 visa as a student Intern. Federal tax, State tax(Illinois), Medicare and social security taxes have been deducted. I am an Indian national. What are the guidelines I need to follow. Which forms I need to fill

    I have check up onn the IRS website and here it says under form 1040EZ: Your filing status is single or married filing jointly. If you were a nonresident alien at any time in 2012, your filing status must be married filing jointly.
  • Mar 16, 2013, 07:49 PM
    AtlantaTaxExpert
    As a J-1 visa holder, you are EXEMPT from FICA (Social Security and Medicare) taxes for the first two calendar years for you J-1 visa. On 1 January of the 3rd year, you become liable.

    As for filing as a resident, that is allowed in some circumstances sometime after you have reached the 2nd year anniversary of your arrival, but different tax treaties have different variables.

    So please tell us your HOME COUNTRY and EXACT date of arrival.
  • Mar 16, 2013, 09:00 PM
    amandeepgautam
    I told earlier also. "I am an Indian". My arrival date is May 13, 2012 and Dep date is Aug 4,2012.
  • Mar 16, 2013, 09:01 PM
    amandeepgautam
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    As a J-1 visa holder, you are EXEMPT from FICA (Social Security and Medicare) taxes for the first two calendar years for you J-1 visa. On 1 January of the 3rd year, you become liable.

    As for filing as a resident, that is allowed in some circumstances sometime after you have reached the 2nd year anniversary of your arrival, but different tax treaties have different variables.

    So please tell us your HOME COUNTRY and EXACT date of arrival.

    I told earlier also. "I am an Indian". My arrival date is May 13, 2012 and Dep date is Aug 4,2012.
  • Mar 17, 2013, 04:06 AM
    AtlantaTaxExpert
    You were exempt from FICA taxes, so go back to the employet and ask for a refund of those taxes.

    If they refuse, get a refusal letter on company letterhead and submit Forms 843 and 8316 to request the refund direct from the IRS. Expect to wait at least six months for the refund.

    For the annual income tax return, you should file Form 1040NR plus Form 8843, plus Form 2106 to claim daily living expenses if your income exceeded $10,000.
  • Mar 23, 2013, 03:04 AM
    amandeepgautam
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    You were exempt from FICA taxes, so go back to the employet and ask for a refund of those taxes.

    If they refuse, get a refusal letter on company letterhead and submit Forms 843 and 8316 to request the refund direct from the IRS. Expect to wait at least six months for the refund.

    For the annual income tax return, you should file Form 1040NR plus Form 8843, plus Form 2106 to claim daily living expenses if your income exceeded $10,000.

    Can you tell more about state tax. I just want to confirm the following: Will I get all the ferdal tax I paid as refund.
  • Mar 23, 2013, 11:03 AM
    AtlantaTaxExpert
    Yes, you should get all of the federal income tax back.

    You need to identify the state.
  • Mar 23, 2013, 12:50 PM
    amandeepgautam
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    Yes, you should get all of the federal income tax back.

    You need to identify the state.

    Illinois(I lived in Evanston)
  • Mar 23, 2013, 01:02 PM
    AtlantaTaxExpert
    You will probably get all of your state money back as well.
  • Mar 23, 2013, 01:11 PM
    amandeepgautam
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    You will probably get all of your state money back as well.

    Thanks
  • Mar 23, 2013, 01:13 PM
    AtlantaTaxExpert
    Glad to help!

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