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-   -   Joined in December on H1B visa- can I get the tax refund? (https://www.askmehelpdesk.com/showthread.php?t=779897)

  • Dec 27, 2013, 09:48 AM
    anjan_ece
    Joined in December on H1B visa- can I get the tax refund?
    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.
  • Jan 2, 2014, 08:08 AM
    taxesforaliens
    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

    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
    That would make you a dual status alien for 2013: 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
  • Jan 3, 2014, 01:27 PM
    AtlantaTaxExpert
    TaxForAliens has covered all pertinent issues if you are single.

    If you are MARRIED, please let us know.

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