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    shenggzzz's Avatar
    shenggzzz Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 30, 2013, 08:13 AM
    Tax refund F1 and OPT
    Hi I am a F1 student and now on OPT.
    In 2013 I worked on an internship from Jan - March, making $25000.
    I graduated college in August, and started full time, monthly salary is $4750, $3300 after tax.
    As of year end, my tax withhelding are:
    Federal: $7807
    State: $2365
    New York: $718
    I work and live in New York City now.
    I am single, 22.
    My tuition this year was about $10000.
    How much tax refund would you think I can get?
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 3, 2014, 01:18 PM
    I am going to assume that the internship was paid on a Form 1099, NOT a Form W-2 and thus must be reported on Schedule C.

    Assuming FIVE months' salary, your W-2 income is $23,750.

    As an F-1 student, you are a NON-resident alien and must file Form 1040NR with a Schedule C, so you are NOT entitled to ANY type of education credit.

    Assuming you are from India (which allows you to claim the $6,100 standard deduction), you OWE the IRS $898. This can be mitigated somewhat by claiming common expenses on the Schedule C, such as computer costs, Internet and Cell phone use.

    If you attended school in NYC, then the internship income is also subject to NYC taxes, in which case you OWE New York $411, an amount that can also be mitigated by claiming expenses incurred during the internship.
    shenggzzz's Avatar
    shenggzzz Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 14, 2014, 02:34 PM
    I am from China
    Does that make a difference?
    Also I think my internship is under W2
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 14, 2014, 08:52 PM
    Yes, it DOES make a difference, but it probably works to YOUR advantage.

    You get a $5,000 treaty exemption, but you can also deduct they $3,083 in NY state and NYC income taxes withheld from your salary.

    Not being able to deduct the Schedule C deductions will work against you.

    Based on all income being under W-2 AND with the China Treaty Exemption, you are due a $2,684 refund from the IRS and a $1,054 refund from the state of New York.

    If you need professional help to prepare your return, you can email me at the email address in my profile.

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