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

    Jan 20, 2006, 07:49 PM
    Paid here, not living here...
    Ok, my inquiry is the following.

    I arrived to the US under a H1B visa in March 05, and worked here (paid by a US company in an US account) the whole year. In a couple of weeks I will be coming back to Europe (indefinitely), but for at least a year the US company will keep paying my salary in my US bank account and withholding the US taxes.

    For the 05 taxes I'm pretty clear that I have to file as a resident Alien with a normal 1040 (correct me if I'm wrong). But for next year (06) I don't know what to do. Can I claim those taxes withholded back? If so, what is the procedure?

    Thanks,

    P
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 20, 2006, 08:18 PM
    Papete:

    You will file Form 1040NR. If you are paying taxes to other countries, you can claim a credit against the U.S. taxes, or you can claim a credit against the other country's taxes for U.S. taxes paid.
    papete's Avatar
    papete Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 20, 2006, 11:28 PM
    Thanks
    Thanks a lot expert!
    Now my doubt is: given that I'm going to be a resident in a foreign country, shouldn't my US payer NOT withhold any taxes from my payroll? Should I sumbit a W-8BEN?

    Thanks again,

    P
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 21, 2006, 07:05 PM
    Papete:

    Since you are being paid by a U.S. employer into a U.S. account, the IRS does NOT consider you to be in a foreign country.

    You can file the W-8BEN, but I cannot predict what the RS response would be.

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