[obelixs2]

I am a non US citizen and a non US permanent resident. I was working in New York City for a US company on an H1B visa. In September 2010, I relocated to Thailand to work at the Thailand office of the same company. I used a tax advisor to file my US tax returns for 2010 as dual-status alien. While living and working in Thailand, I am still getting paid in US dollars on US payroll, and my salary is getting deposited into my US bank account. I am planning to tell my employer to change the taxes withheld from my paychecks, and have some questions.

First, since my H1B visa expired in September 2010, I should not be paying social security and medicare taxes, and I should tell my employer to stop withholding social security and medicare taxes from my paychecks. Is this correct? If so, is there a way for me to get back the social security and medicare taxes that were withheld from my paychecks after September 2010?

Second, since I am a non-resident alien living and working outside the US, I should not be paying Federal, NY State, and NY City taxes, and I should tell my employer to stop withholding Federal, NY State, and NY City taxes from my paychecks. Is this correct? If so, I understand that I can get back the Federal, NY State, and NY City taxes that were withheld from my paychecks in 2011 when I file my tax returns next year for 2011.

Thank you!

[AtlantaTaxExpert]

You are correct about the FICA (Social Security and Medicare) taxes; withholding should stop once your H-1B visa expired.

As for the income taxes, your income tax liability (both FEDERAL and NY state AND NY City) ended the day you left the United States. Hopefully, your consultant reflected that in the dual-status return he filed for you.

If you need professional tax help with this, email me at [email protected] or [email protected].