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g_srinivas · Feb 20, 2012, 05:04 AM

Hi Experts,

I was in the USA from 24-Oct-2010 to 19-Mar-2011on L1-B Visa.
As I am married, but came to USA alone. My spouse and Kid they were in
INDIA during my period of stay in USA.

For the period 24-Oct-2010 to 31-Dec-2011, I applied for my tax
Returns as single and I got the refund as well.

On 20-Mar-2011 I came to INDIA. Now I am staying in INDIA only.

Now I need to file my tax returns for 2011 year. As I stayed less than
180 days in USA. Will I be eligible for complete tax refund which was
With held with federal and state.

How can I able to file my tax returns. Please provide yours inputs

Regards
Srinivas

MukatA · Feb 20, 2012, 05:46 AM

For 2010 you are nonresident. It appears you filed resident return (Form 1040EZ/1040A/1040) for 2010, which is a mistake. On resident return you are required to report worldwide income for the year.
For 2011 also, you are nonresident. You must file nonresident tax return. Also, you must pay FICA taxes and income taxes as you received payment from US company or company in US. Your U.S. Tax Return: The U.S. Visas

g_srinivas · Feb 20, 2012, 10:01 AM

Hi MukatA
Thanks for the promt reply.
For 2010, I went to HR block, they filed my return (form 1040EZ).I didn't knew that I need to file 1040NR.
Does this impact on my 2011 tax filing.
For 2011, As sugessted I will file 1040NR-EZ / 1040NR.
My Social security tax withheld for 2011 was--->$763.
And Medicare tax withheld for 2011 was ---> $263.

Do mean to say I Need to pay this withheld amount again.
I heard that If any one stay less than 180 days in a year, will get the completed refund which was withheld by the employer. In order to get my complete tax refund, what is the process for filing this.
Also Request you to provide the details how can I file 1040NR-EZ / 1040NR.

Regards
Srionivas

MukatA · Feb 20, 2012, 06:46 PM

This is common mistake if you go to HR Block. Many tax preparers has little idea of nonresident tax return.
You do not have to pay FICA taxes again. Download the tax form from Internal Revenue Service and complete it. You can deduct lodging, travel and food expenses during your stay in 2011.

g_srinivas · Feb 20, 2012, 09:07 PM

Hi MukatA
Thank You once again.
My travel and lodging expenses were reimbursed already.Can I still deduct those travel and lodging expenses during my stay in 2011. If so which form I need to fill and file. And what are the supporting documents I need to submit. Please help me .

Regards
Srinivas G

rudrasai · Jun 24, 2012, 06:37 AM

I would like to understand the same process. I was In US from March 2010 until April 2012 I have paid the Taxs for 2010 and 2011 as NR. However for 2012 I was there for 3 months and 8 days... will I be getting full tax refund or what is the procedure to claim the same.
Saibal