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    Ahmedpostdoc's Avatar
    Ahmedpostdoc Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 28, 2012, 07:54 AM
    J1 Visa, Indian tax treaty exemption
    Hello,
    I am Ahmed, I was on J-1 Visa and doing my research in research lab at Philadelphia. My stay in Philadelphia was from January 2010 (whole year) till October 2011. I have filed my returns on 1040EZ during 2010. Now, I have returned back to my home country (India) before completion of my 2 years on J1. I do not know which form shall I fill to file my tax this year(2011).
    I would like to know whether I can claim back my total federal income tax withheld? Am I eligible for Indian tax treaty exemption? If so, please let me know the process and the IRS forms to be filled. I will be thankful to you.

    Regards
    Ahmed
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 28, 2012, 09:45 AM
    You will file nonresident tax return Form 1040NR or 1040NR-EZ and form 8843. Yes, under tax treaty you income is exempt from federal income tax for two years. Also you do not pay FICA taxes. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    But in 2010 you filed wrong form. You filed resident tax return while you were required to file nonresident tax return . So you must file amended tax return 1040X with properly done nonresident tax return and Form 8843.
    Ahmedpostdoc's Avatar
    Ahmedpostdoc Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Mar 28, 2012, 01:17 PM
    Thank you very much MuktaA for the reply. I had no dependent during the whole period of my stay in USA, If I am not wrong I can file 1040NR EZ ?

    Also, can you suggest me a good tax preparer who can file tax on my behalf?

    Thank you
    Ahmed
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