[h060968]

Hi - hopefully all I'll need is a 'yes!' answer for this :)

I'm a UK citizen, who passes the SPT (worked in US from 10/04 through 07/06 on H1B). I'd like to claim my federal tax back using the UK-US treaty. So I file a 1040EZ and claim the treaty on that, send a W-9 to my employer, and don't need to send any other forms (W8-BEN, 8833) as I am a resident alien, right?

As an aside, I wish to claim tax back from my previous 2 years, which I didn't claim at the time. I would have to file 1040x for both years and claim the treaty on these, right? Would I need to send any other forms for these two claims (i.e. possible W8-BEN to my employer for the first year as I was NR, W-9 for 2nd year)?

Many thanks ATE - you are worth your weight in GOLD!! :D

[AtlantaTaxExpert]

Sorry, but I do not think you will get your federal income taxes back.

Foreign nationals on work visas (like H-1B) generally must pay the same taxes that U.S. citizens pay. If you are paying taxes on the U.S.-based income in UK, you can claim a foereign tax credit using Form 1116, but the credit is NOT dollar-for-dollar.