[spandy]

Hi I am an international student doing MS and in summer 2011 from May-Aug I did an internship on CPT in different state and then went back to school and I am still in school. When I claim my tax refund do I have to use 1040NR-EZ form if so can I get a full refund, my total earned income is 14436 and my federal tax withheld is 811.88 on 1 W-2 and 241 on other W2 and I have state withheld of 381. I have received 1099-R form also there is a federal tax withheld of $69 on it may be this is for 401K plan I had in CPT and I have social security and medicare tax withheld also of around $40. So can anyone help me with the forms that I need to file and will I get a full refund if not how much can I expect. Thank you so much.

[AtlantaTaxExpert]

It seems clear that you should get professional help with your return. For sure, the Form 1099-R dictates the need for Form 1040NR instead of Form 1040NR-EZ.

You will NOT get a full refund, because you CANNOT claim daily living expenses. You have NOT yet established a 'tax home' in the United States, so you cannot claim the internship as a temporary job.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

[spandy]

Thanks for the reply, and what do you mean by not establishing tax home? I have been in Texas from Aug 2010 to May 2011 and from May 2011 to Aug 2011 I did my internship and then came back to Texas.

[AtlantaTaxExpert]

Simply put, the tax home is the
Location where you WORK, but college students do NOT work at any permanent job; hence, no tax home.

Without a tax home,

[AtlantaTaxExpert]

With no tax home, you cannot legally meet the criteria for temporary work that allows for deductions for daily living expenses.