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    kdoshi's Avatar
    kdoshi Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 5, 2010, 03:30 AM
    Non resident alien, refund for tax withheld
    I have been to US -NJ on H1B visa for 20 days (between 21st March-2009 & 9th April-2010).

    I received the W2 form which states that
    $277.26 were withheld as federal tax
    $283.53 were withheld as social security tax
    $65.37 were withheld as state tax.

    As per the IRS documents that I went through I qualify as non resident alien, since my stay has been for less than 31 days in 2009 & I have not been in US during 2008 & 2007. In which case I will have to file my taxes through a physical form of 1040NR or 1040NR-EZ.

    I want to know whether I can claim a refund of all the taxes withheld, as mentioned above.

    The 1040NR-EZ doesn't have any provision to claim refund for the social security tax.
    1040NR has line no 63 which says excess social security withheld. Can I claim the social security tax amount in this section?
    Do I also have to fill up form 843 for the same?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Apr 6, 2010, 05:20 AM

    File nonresident tax return. On federal return, you will get exemption for $3650 plus itemized deduction.
    Similarly file state tax return as part year resident.
    You will not get SS tax and Medicare tax back.

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