[fztnh]

I am a visiting scholar with J-1 visa from China. I got a short term salary, just three months from April to June in 2010. I meet the conditions for tax exemption for anyone with J-1 visa according to the agreement between U.S.A and China. I will apply to refund, but I don’t know how to do it. The questions are as follow:
1. I was told to only fill the form 843 by a tax officer of our university. Is it enough? Should I not fill form 8843 plus form 1040?
2. Can I use the form 843 for 2009 to apply? Because the new form 843 for 2010 is unavailable now. Whether I fill the form now is too early?
3. My payroll shows that I have to pay three taxes including OASDI/Disability-EE, FICA Med Hospital Ins/EE and Withholding. Which one I can apply to refund?
4. In addition to form 843, what other refund request documents need to be prepared? I have prepared the copy of passport, form DS2019, I94 and W4.
5. I will be back my country in September this year. So can I write my post address of my country in the form 843? How long I can get the refund check?

[AtlantaTaxExpert]

As a visiting scholar, you are exempt from ALL federal taxes (income, Social Security and Medicare), but are probably liable for state income tax (I cannot say for sure until you identify the state in which you worked). You must WAIT until 1 January 2011 before you can claim a refund for either the income tax or the FICA (Social Security and Medicare) tax.

In January, 2011, you will receive a W-2 from your U.S. employer. That W-2 form will be needed to file the Form 843 and 8316 (plus a number of support forms) to claim a refund for the FICA taxes.

For the Income Tax, you need to file Form 1040NR, Form 8843 and Form 8833 (to claim the treaty exemption).

All of these forms can be file from your home country.

MOST IMPORTANT: Keep you U.S. bank account OPEN! You will want to have that account in order to direct deposit the federal income tax refund.

Unfortunately, the FICA tax refund must be sent to you by check.