[Tomba2009]

Hi

I'm a L1 visa holder, I live in the US since mid Aug. this is the first time that I'm filling up the forms for the tax return.
1)I'm under 183 days in the US can I claim a "closer connection"? I'm not planning on leaving soon so at some point I will be here over 183 days. Will it "hurt" me in the future if I claim "closer connection"?
2) what forms should I fill?

Any other advice that you think will benefit me plase share

Thanks

Tom

[AtlantaTaxExpert]

Closer Connection is NOT an issue for 2009as you have NOT met the Substantial Presence Test for 2009, so you file as a nonresident alien, filing Form 1040NR or 1040NR-EZ.

For successive years, closer connection is NOT an option for someone on a L visa.

[Tomba2009]

Closer Connection is NOT an issue for 2009as you have NOT met the Substantial Presence Test for 2009, so you file as a nonresident alien, filing Form 1040NR or 1040NR-EZ.

For successive years, closer connection is NOT an option for someone on a L visa.

First of all, thanks for taking the time and answering me, so if understand it right, closer connection is for someone over 183 days?
Next year I should pay taxes as a resident alien?

[AtlantaTaxExpert]

Closer connection is an issue for someone on a J-1 or Fo1 visa who has exceeded the statutory limit for their exemption from the Substantial Presence Test (five years for F-1 and J-1 students and two years for J-1 trainees),

Holders of L-1 and H-1 visas cannot claim closer connection, because they are NEVER exempt from the Substantial Presence Test.

[MukatA]

Tomba2009:
For 2009, if you are married, you can file nonresident tax return or dual status return after you complete SPT in 2010. There in no advantage in filing dual status return, so choice left is nonresident return.
2. If you are married, you can file nonresident return or joint return as residents after you complete SPT in 2010.

[Tomba2009]

Thanks Guys for your answers,
I'm not married so I will file as suggested as a nonresident forms 1040nr or 1040NR-EZ

[vikky267]

Hey,

I came to US in End of August and I qualify for non resident return. I have to fill 104NR form, but what will be the tax refund? At present I have Federal,Medicare,SSN and New Jersey State law deduction. I'm geeting above 60K,

So how much will be the refund and where can I file for Non Resident tax return?

Thanks
Vivek

[AtlantaTaxExpert]

Vivek:

Assuming you are under a H or L visa, you may or may not file as a non-resident alien.

The linchpin question is your marital: ARE YOU MARRIED?

If not, you will file as a non-resident alien, probably filing Form 1040NR-EZ and claiming NO standard deduction, but you will be able to deduct the state and local income taxes withheld from your salary as an itemized deduction.

The Form 1040NR-EZ MUST be mailed; electronic filing is NOT possible. You will mail it to the address listed in the form instructions, which is in Austin, Texas.

The amount of your refund depends on how much was withheld for federal income tax, a figure you did NOT share with us.

[vikky267]

Hi,

I am an IT consultant from India (Single) currently on L1 visa and I came to US in 20th Aug, 2010. I also came to US in 2008 for 90 days (Business Visa/No Tax/Paid By India).Adding all this I still don't complete 183 days in US and hence fall in non resident category.
At present I am earning around 60K and I have following tax deductions on my salary:
I) Federal Tax
ii) SSN Tax
iii) Medicare Tax
iv) State Unemployment Tax
v) New Jersey State Tax
vi) NJ Leave Insurance
vii) Disability Tax NJ

If I file for Non Resident Tax return, what all taxes I will be reimbursed?

[AtlantaTaxExpert]

Because you are single, you WILL file as a non-resident alien, probably filing Form 1040NR-EZ.

I answered which taxes are partially refundable and which are not on the other posting.