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cdanielgc · Aug 27, 2009, 08:54 AM

Hello, I have a J-1 visa and I will have an assignment on the US in a host company. I will stay for a period of around 4 months and my income is from a foreign company (not in the US). Do I have to file a U.S. tax return? :confused: Thanks in advance for your help.

AtlantaTaxExpert · Aug 27, 2009, 12:08 PM

Maybe, maybe not!

If there is a tax treaty between your home country (which you failed to identify) and the U.S. the taxation of such income may be covered in that treaty.

More than likely, your J-1 visa status exempts your foreign-sourced income from taxation because the time in country is less than 183 days.

Please identify your home country so I can research the issue for a definite answer.

cdanielgc · Aug 27, 2009, 03:22 PM

Hi AtlantaTaxExpert,

Thank you very much for your answer, Sorry for not identify my country. I am from Mexico. What should I do? Or what documents do I need to complete if there is a tax treaty with Mexico?

Best regards.

Originally Posted by AtlantaTaxExpert

Maybe, maybe not!

If there is a tax treaty between your home country (which you failed to identify) and the U.S., the taxation of such income may be covered in that treaty.

More than likely, your J-1 visa status exempts your foreign-sourced income from taxation because the time in country is less than 183 days.

Please identify your home country so I can research the issue for a definite answer.

AtlantaTaxExpert · Aug 28, 2009, 12:13 PM

You are definitely NOT liable for U.S. taxes due to the short length of your stay (under 183 das) and the fact that your income for foreign-sourced.

cdanielgc · Aug 31, 2009, 04:00 PM

Ok, just to make it very clear, I will be in the US for 4 months and my income is from the company that I work in Mexico. This company is the same that the one I will be in the US. They will still pay my taxes and my wage in Mexico. Let's say that is the same company but in a different country. So I still won't pay any taxes? Should I need to fill any documents?

Thank very much for your help.

Originally Posted by AtlantaTaxExpert

You are definitely NOT liable for U.S. taxes due to the
short length of your stay (under 183 das) and the fact that your income for foreign-sourced.

AtlantaTaxExpert · Sep 1, 2009, 01:31 PM

Your pay MUST be from the company which is located in your home country.

If you are paid from the U.S.-based subsidiary, then it does not matter how long you are in the U.S., your income is considered to be U.S.-sourced and thus subject to U.S. income taxes.