Ask Experts Questions for FREE Help !
Ask
    Manjunath2201's Avatar
    Manjunath2201 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 25, 2012, 02:43 PM
    H1B tax refund, If I stayed less than 6 months in USA
    Hello,

    I am Manjunath travelled to USA on H1B visa and stayed at Whiteplains city, Newyork state and I stayed in USA for 153 days and returned back to India. Since I stayed at USA for less than 180 days, will I am eligible for both Federal and State tax exemption for they year 2012, for which I will be submitting my w4 form in January 2013.

    Regards,
    Manju
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Sep 25, 2012, 08:18 PM
    Manju:

    No, because the income earned is U.S.-sourced. However, you CAN claim daily living expenses, which may result in a total refund when you file the tax return.

    If you need professional help filing, email me at the email address in my profile (if you cannot see it below).
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Sep 25, 2012, 11:01 PM
    This is from IRS publication 901: Tax Treaties.
    "Income that residents of India receive for personal services performed in the United States as employees (dependent personal services) is exempt from U.S. income tax if the residents meet three requirements.
    •They are present in the United States for no more than 183 days during the tax year.
    •The income is paid by, or on behalf of, an employer who is not a resident of the United States.
    •The income is not borne by a permanent establishment, fixed base, or trade or business the employer has in the United States."

    On H1-B, you received income from U.S. employer, so the income is taxable. You will file nonresident tax return and you will get itemized deductions including lodging, food and travel expenses.
    memphisindia's Avatar
    memphisindia Posts: 1, Reputation: 1
    New Member
     
    #4

    Nov 18, 2013, 04:06 PM
    What about if someone landed in us on 29th June 2013 on H1B and started working on 1st July 2013. Is s/he is eligible for 100% tax rebate?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Nov 18, 2013, 04:21 PM
    No, you are not, because the earned income is U.S.-sourced.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is dependents presence required in usa to get tax exemption in usa h1b [ 4 Answers ]

Hello expert 1) I'm in h1b since jan20. My family (wife and 2 child's <13 yrs) will join me in 2013 may. Income is 60000/annum in South Carolina. So how much will be total approximate tax?My employer is deducting about 480 for federal and 200 for state tax every month. 2) Again is dependents...

Worked on H1B in USA for 6 months but not in Financial year, I need to pay india tax [ 1 Answers ]

Hello, I'm new to this forum, I've a question here. Please forgive me if this is already answered. I went to US in March 2009 and worked there till mid of September 2010. I do not fall in NRI category I think because Indian financial year start from April. Now, I paid all the taxes in USA...

USA Tax stayed in USA for only 84 months [ 8 Answers ]

I satyed in USA starting 1st January till 25th March a total of 84 days. 1) My parent company is India based and in USA I was getting regular monthly salary. 2) All my State, Federal, SSN, Medicare taxes were withheld. 3) I was in USA with my wife and my kid. My wife has ITIN number. 4) From...

Tax filing for L-1 worker who stayed less than 5 months in US [ 2 Answers ]

Hi, I have a question regarding my wife's tax returns. (We married in 2009, and hence she would file as a single person). She was in the United States on an L-1 visa for 5 months in 2008 (from August to December), due to which she does not pass the Substantial Presence Test, and hence technically...

Forms for Tax Refund for H1B visa Holder in the USA [ 1 Answers ]

I have been a H1B visa holder since Sept 2005, I received a refund using an international company last year but didn't receive my refund until over 6 months later. I would like to file for myself but am unsure what forms to use. The folks in H+R Block had no idea what would be different with my...


View more questions Search