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Kunsheng · Mar 14, 2010, 11:55 AM

I did an internship from Jan 2009 to Aug 2009 (using CPT) in North Carolina.
The paychecks from HR was no deduction at all between the periods and now I receive a w-2 form that has nothing in Box 1 to 6, or Box 17.

Only in Box 16 shows State wages which was the amount I earned before.
There is no withheld in Federal Income or State Income either. I called the company but they insisted that the form was correct...

I am still a F1 student but started my OPT in Jan 2010, and I entered USA the first time in Aug 2007.

My questions are:

1. Do I just need to file 1040-nr-ez, 8843, and D-400 (for North Carolina) as I did before ? Or I have to file additional forms in this case ?

2. I am exempt from Social Security and Medical care, am I correct?

3. I think I have to pay Federal Tax and State Income Tax ,but according to the instruction and my w-2 (nothing in boxes... ), I really could not calculate the amount I should pay... Any idea on how to fix this ?

Any idea is well appreciated,

Thanks,
-KC

Kunsheng · Mar 14, 2010, 05:48 PM

Anyone has idea ?

MukatA · Mar 14, 2010, 08:45 PM

1. No additional form
2. Yes for 5 years on F-1.
3. You need to find out why employer has not shown the income in Box 1 of W-2. May be the amount is less than the treaty deduction of $5,000.
If total income is less than $3650 you need not file the federal tax return; just file Form 8843. Or show as income whatever is given in box 16 and claim treaty deduction.

Kunsheng · Mar 14, 2010, 08:55 PM

Thanks, MukatA.

The company said box 1 is empty because I was exempted... I am not sure what they meant by this... I did told them I was a F1 student before my internship and my total income was 21,000 $.

The problem is that if I follow instruction on those forms... I don't have to do anything about return or pay checks but just filling forms. Should I do this and wait for IRS to ask me for payments if any ?

I just got a job and really don't want to involve in any illegal issue in the coming future.. but this situation made me stuck...

Looking for good idea for this!

Thanks,
-kunsheng

MukatA · Mar 14, 2010, 10:36 PM

If you earned $21,000 ask your employer to issue revised W-2. Tell them that your total income is not exempt as you are on F-1 visa and you are not on J-1 visa as Researcher.

Kunsheng · Mar 15, 2010, 10:50 AM

For Line 13 (Exemption) in 1040-nr-ez, should I fill '3650' as it is indicated in instruction for 'general amount' or '5000' as the same in Line 6 (treaty for Chinese f1) ?

Thanks,
-Kunsheng

Originally Posted by MukatA

If you earned $21,000 ask your employer to issue revised W-2. Tell them that your total income is not exempt as you are on F-1 visa and you are not on J-1 visa as Researcher.

MukatA · Mar 16, 2010, 02:00 AM

On line 13 put $3650. Put $5000 on line 6.
On line 3, enter your total wages less $5000.

Kunsheng · Mar 22, 2010, 11:19 AM

Hi Mukata, Thanks for your previous post.

I contacted the company and IRS again and found out the company did everything wrong in my previous tax report...

Right now I am waiting for a package from IRS, IRS told me I could file tax report according to this package with the 'wrong' w-2. I called the company and they promise to process it but not guarantee anything before April 15th.

Seems I have to following the package from IRS and fill those forms this year... My question is:

Would it cause any problem for my future VISA (like Green card, h1b) something like that if I following the instruction to file tax forms this year but the company may NOT totally correct everything in the future ?

I am really happy to get a job and don't want to mess up by this stuff...

Thanks in advance,