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    hotcheese's Avatar
    hotcheese Posts: 4, Reputation: 1
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    #1

    Mar 17, 2012, 06:54 PM
    Will IRS think I have paid too little tax because my visa changed?
    Hello,

    For 6 months in 2011 I was in the US on a J-1 visa, during which time I was on the payroll of my employer. Then my visa changed from a J-1 to a H-1.

    While on the J-1 I did not have to pay any tax (or other deductions), and of course that changed when I moved to a H-1 Visa.

    I have been with the same employer at the same rate of payment throughout this. My concern is when IRS see my tax return they will see the total income I have received according to the W-2 and will see the total tax paid and it will look like I have substantially underpaid due to the 6 months of (legitimate) non-payment of taxes while on the J-1.

    There's nothing that I can see on the W-2 form that indicates I wasn't eligible to pay taxes for 6 months while on the J-1. Therefore how can I prevent IRS from thinking I owe them 6 month's worth of tax? If there anywhere on the 1040 to indicate that my status changed during the tax year?

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

    Mar 17, 2012, 07:38 PM
    For 2011 you are nonresident or dual status depending upon when you moved to H-1B. With your tax return you will also file Form 8843 and claim treaty deduction as you had income during J-1. Your U.S. Tax Return: The U.S. Visas
    You will not file resident tax return (form 1040) except if you are married and choose to file joint return as resident.
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