[Rajgaikwad]

Hi,
From February 2008 to May 2008(for 4 months), I was worked here in US on H1B and paid all taxes as per the rules and regulations. From June to October 2008, I went back to India and worked there. Now since November again I am working here in US through H1b. My question is how much TAX I will return back from financial year 2008 and when I will get it?

[AtlantaTaxExpert]

Rajgaikwad:

Were you in the U.S. at any time prior to February 2008?

Are you married?

With these answers, I can better guide you!

[Rajgaikwad]

Rajgaikwad:

Were you in the U.S. at any time prior to February 2008?

Are you married?

With these answers, I can better guide you!

No in Feb 2008,First time I came here in US,I am married and having 3 depedentds on me. For period of Feb. 2008 to June 2008 my family was not with me. Now since Nov. 2008 my wife and one kid with me on H4. One daughter is doing her schooling in Inida.

[MukatA]

1. If you complete 183 days in the U.S. in 2008, then you are resident of the U.S. from February 2008. You can file joint return as residents. You must declare your world wide income for 2008.
2. If you did not complete 183 days in 2008, you are non-resident in 2008. You will file non-resident tax return. You can also file joint return as residents when you meet substantial presence test in 2009.
Read Your U.S. Tax Return: Substantial Presence Test

[Rajgaikwad]

1. If you complete 183 days in the U.S. in 2008, then you are resident of the U.S. from February 2008. You can file joint return as residents. You must declare your world wide income for 2008.
2. If you did not complete 183 days in 2008, you are non-resident in 2008. You will file non-resident tax return. You can also file joint return as residents when you meet substantial presence test in 2009.
Read Your U.S. Tax Return: Substantial Presence Test

I have paid below taxes:Federal Income Tax ,Social Security Tax ,Medicare Tax and State Tax ,out of these.. what taxes I will get back?? ( If my stay is not more than 180 days in US)

[AtlantaTaxExpert]

You will probably get a refund of SOME of the withheld federal and state income taxes if you file jointly with your wife and claim the child who is in the U.S. as a dependent.

You will need to wait until you have met the Substantial Presence Test for 2009 before you can file your 2008 return. That will be sometime after 3 May 2009.

Your wife and your child in the U.S. will need to submit Form W-7 with a notarized photocopy of their passport to get Individual Tax Identification Numbers. The Forms W-7 will be submit WITH the 2008 tax return.

You CANNOT claim the child who remained in India.

There will be NO REFUND for the Social Security and Medicare taxes.