[kiran_uoh]

Hai,


I have a question regarding my (J1) Tax returns.

As far as I know J1 persons can get total tax amount return, if they leave before exceeding (within) two years from USA.

The Question is that is on two years

Like two calender years
Or
Within two years from J1 arrival to USA.

Kindly Clarify my question and if possible send me the information link/broacher if available. Presently I am not taking my Tax treaty and I am curious about If I go back to my country (India) within two years of my arrival, weather I will get my total tax returns or not.

Thanks

[MukatA]

Read iRS publication 519 Tax for Aliens at Internal Revenue Service

Also read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[kiran_uoh]

Many thanks for the answer,


Please follow the link given bellow,

Your U.S. Tax Return: U.S. Tax Treaties for Professors, Teachers and Researchers

And see the lines bellow... present in the above link,

India
An individual is exempt from U.S. tax on income received for teaching or research if he or she:
*Is a resident of India immediately before visiting the United States, and
*Is in the United States to teach or engage in research at an accredited university or other recognized educational institution in the United States for a period not longer than 2 years.
If the individual's visit to the United States exceeds 2 years, the exemption is lost for the entire visit.
This exemption does not apply to income from research carried on mainly for the private benefit of any person rather than in the public interest.

I would like to now what kind of "2 years" is that..

Like two calender years
Or
Within two years from J1 arrival to USA.

Thanks..

[MukatA]

1. Here 2-years should mean two years from J1 arrival. However, you can check with IRS International Hotline 215-516-2000.

2. Also the 2 years is applicable only if you have J1 visa for the required purpose. Once you have H1-B, this is no longer valid. Also you are expected to leave the U.S. within 2-years.