[jainpallavi7]

Hi,

I stepped first timein US on Sep 29 2007 on Work Visa L1 B. I have to file my income tax return.
I have heard that if I am in US for less than 183 days in 3 years then I will get my whole tax amount back.I checked the substantial presence test and according to that I don't qualify as Resident Alian.But when I am trying to file my income tax return through esmarttax.com or turbotax.com. I am getting considerable amount back from Federal tax but still $350 is not getting refunded but in State tax (CA),I am getting my whole amount refunded.
Please help me to figure out where I am wrong.Since for non resident 1040NR form is recommmended but I amunable to get that form in esmarttax.com or turbotax.com.

Thanks,
Pallavi

[magicman2007]

Hi Pallavi,
I you are in US for less than 183 days in 3 years (AND YOUR INCOME IN W2 is less than $3400.00) then you will get my whole tax amount back.

[jainpallavi7]

Hi,

Are you talking about wages tips.Its not less than 3400.Will I get my whole money back.
I am applying through turbotax.com and I am getting 328 dollars less than the tax I have paid.Will it be correct if my wages is more than 3400.

Thanks for your help

[AtlantaTaxExpert]

Pallavi:

First and foremost, you CANNOT use TurboTax, ESmartTax or any other on-line tax software to file your return. You must file as a non-resident alien, filing Form 1040NR 04 1040NR-EZ.

Second, what is your intent going forward? Will you be in the U.S. for a significant part of 2008?

Third, WHO paid you, your company in your home country, or a U.S. company, or a U.S. subsidiary of your home country company?

Fourth, did you get paid per diem for your expenses while in the U.S.