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

    Mar 18, 2009, 02:33 PM
    Tax filing for L-1 worker who stayed less than 5 months in US
    Hi,
    I have a question regarding my wife's tax returns. (We married in 2009, and hence she would file as a single person). She was in the United States on an L-1 visa for 5 months in 2008 (from August to December), due to which she does not pass the Substantial Presence Test, and hence technically a non resident. So should she file a 1040NR form or should she follow the regular e-file procedure? I guess the e-filing option does not ask for her period of stay here, and hence is there something in her tax returns that reflects that she is a non resident?

    Also, her FICA taxes were deducted during this period... So if she does file as an non resident, how does she get back her FICA taxes?

    What other forms might she have to fill out?

    Hope you can help me out in this..

    Thanks,
    Akshay
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 19, 2009, 09:05 AM

    Nonresident tax return can not be efiled. Most of the softwares do not do nonresident tax returns.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    May 12, 2009, 11:18 AM
    As a L-1 visa holder, she IS liable for FICA (Social Security and Medicare) taxes, so she will NOT be getting a refund of those taxes.
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