[ceyyxx00]

Hello.
I am a Chinese researcher, doing a postdoc in US, holding a J-1 visa, and entered US on Sep 26, 2007. But my tax treaty is expired on June 12, 2008 and I can not be exempted from tax again. I don't know why it is expired within a year. I ever stayed US holding a J-1 visa during March to June 17, 2005 for only three months. So how does it calculate the three year for tax exemption? Thanks.

[AtlantaTaxExpert]

The three-month period in 2005 counts an ENTIRE YEAR on your J-1 exemption.

The wording in the tax treaty does not clearly specify that the three-year period means 36 consecutive months, so your employer may have interpreted the 3-year period to mean three CALENDAR years, i.e. 2005, 2007 and 2008.

However, even under that interpretation, your exemption should have lasted through 31 December 2008.

Suggest you meet with your employer HR and ask for a complete explanation as yto why they cut your exemption off on 12 June 2008.

[ceyyxx00]

Thanks for your fast reply.
It is strange about that status. Ｉhave tried to talk to HR people and no one seemed to know an exact answer. I was just told that that's date shown from computer. And that's it. Is there anything else I can do? Or do you think I can get money back after I send tax return forms? Thanks.

[AtlantaTaxExpert]

You can submit a tax return (Form 1040NR or 1040NR-EZ) and claim tax-exempt status, requesting a complete refund for 2008. I have done that several times for clients in the past three years. You have to cite the appropriate article of the tax treaty.

If you want my professional help, email me at [email protected].