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

    Mar 31, 2013, 12:29 PM
    Tax treaty - U.S. Germany?
    Hi all,

    I need some help/advices.

    I came to the U.S. (from germany) in 2010 as a PostDoc on a J1-visa.

    As you might know, a J1-visa (exchange visitor) assumes that you are not resident of the U.S. and are still resident of the country from where you came prior to entering the U.S. (In my case, germany). Thus I was able to claim the tax treaty between germany and the U.S.

    I didn't know at that time that I had to pay taxes to germany and didn't pay any taxes to germany.

    I think, it was not right now that I read some information about tax treaty and - would like to correct that.
    What will you recommend me to do?

    I could either:
    Amend my tax returns in the U.S. for the past years or
    Pay taxes to germany.

    I am married and have kids that I could claim in germany whereas I will be considered as single to the U.S.
    If I amend the U.S. tax return, am I running into any legal issues?

    Thanks a lot for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 1, 2013, 04:03 PM
    Amending the U.S. returns COULD raise issues, plus you will probably pay penalties and interest.

    How many years are we talking about?

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