Ask Experts Questions for FREE Help !
Ask
    KiwiLiz's Avatar
    KiwiLiz Posts: 3, Reputation: 1
    New Member
     
    #1

    Jun 10, 2008, 06:43 PM
    Tax liability for a J visa non resident
    If I am given an allowance of $300 per day for 42 days ( $12,600) primarily to meet accommodation and other relevant expenses in the US whilst acting as a "Scholar in residence" for 6 weeks how much tax am I likely to be liable for ? When and how do I register? Can I claim for accommodation, meals, local travel etc. This allowance is extra to receiving a salary in my home country.
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
    Full Member
     
    #2

    Jun 10, 2008, 06:58 PM
    Try searching "IRS.gov". It's free, yet most citizens don't trust them. The fact remains: In Tax Court one is "Guilty" until proven "Innocent".
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Jun 10, 2008, 08:34 PM
    Need more information to answer your question. When did you enter the U.S. and for how many days you are in the U.S. Are you a research scholar? What is your citizenship? How is the employer going to report the payment to you? (on W2, 1099-misc... ).

    Normally, for most of the countries (depneds upon tax treaty) research scholar on J1 is exempt from income tax for two years.
    KiwiLiz's Avatar
    KiwiLiz Posts: 3, Reputation: 1
    New Member
     
    #4

    Jul 15, 2008, 06:26 PM
    Mukata - thank you for your reply
    I am NZ resident, letter of invitation said I would be given a stipend of 42 days at $300 per day - so overall $12,600US and woul dbe going to a research institution on a J1 short term scholar visa - woul dbe coming in September and October 2008
    If I am still being paid salary at home - my question is am I liable to US tax on this money - which was primarily for expenses for accommodation, food and minor internal travel in the US.
    Am I liable for US taxes - or am I on the tax treaty - does this mean I am not liable for US taxes?

    Or would I be better to go with the Visa Waiver program and only claim for expenses.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #5

    Jul 15, 2008, 08:00 PM
    There is nothing about Researchers in the U.S. NZ tax treaty. That is you are not exempt from income tax for two years.
    However, if your stay is less than 183 days, and you are not an employee, then you income is not taxable.

    Read Page 44 of Publication 901: Tax Treaties at Internal Revenue Service
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    Jul 16, 2008, 06:46 AM
    Agreed.

    The general rule is that income earned while in the U.S. for LESS than 183 days is NOT ubject to taxation unless the income is salary from a U.S. source.

    However, even if the stipend was taxable, you could claim your personal exemption of $3,500 plus your actual daily living expenses (food, lodging, transportation, incidentals) as an itemized deduction, which would effectively negate any taxes due.
    KiwiLiz's Avatar
    KiwiLiz Posts: 3, Reputation: 1
    New Member
     
    #7

    Jul 16, 2008, 03:18 PM
    Thank you both - makes much more sense now and I have chcked the relevant documents as suggested.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Jul 18, 2008, 04:17 AM
    Glad to help!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is a person with a J1 Visa a non-resident or a resident of the US? [ 1 Answers ]

Hello, I need to know this, because I have a J-1 visa, and I am living in the US. I will be living in Florida for 1 year an 10 months and I think I need to acquire a Florida license even though I have one form the Dominican Republic. I will be looking forward for your answer.

J1 / H1B visa - Resident or non resident [ 1 Answers ]

Hi I have a question regarding the State taxes. I've worked in the same company in 2007. I was an intern from 1/1/07 to 10/1/07 with a J1 visa (non resident) and then I've been hired and been given a resident visa H1B from 10/1/08 to the end of the year. I would like to know if I should fill lmy...

B1 status changed to J1 visa , filing tax as non resident vs resident [ 4 Answers ]

Hi. I have been in the US for 1.5 years. I arrived on July 2006 to work as a physician alien and research scholar. I was previously in the US partially for at least 6 months each of the previous years from 2002 to 2005 on a B1 visa. When I came to the US in 2006 I had a J1 visa. I filled last...

1st year under L1 visa - Foreign Income - resident or not resident [ 1 Answers ]

Hi, I am in Miami and have a L1A VISA since May 2006 and getting a US-based salary since then. Am I considered non-resident alien or resident alien ? I received both foreign-based salary and US-based salary during all 2006. What do I write in line #21 description ? "Foreign income" ?...

On H1-B visa, Non-resident [ 9 Answers ]

Hi, I was in USA from FEB 25TH 2001 to FEB 28TH 2003 on H1B VISA.I went back to India.. Then I came to USA again on JULY 23RD 2005. Looks like I don't meet Substantial Presence Test. I am married, I have a kid and they came with me to USA ON 23rd JULY 2005.


View more questions Search