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    Gautam_k30's Avatar
    Gautam_k30 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 30, 2013, 03:18 AM
    Filing tax returns in US for 2012 for staying less than 90 days on L1 visa
    Hi,

    I travelled to USA on a L1 B visa for a client requirement and was part of my employers US arm from Nov 26 2011 till March 23 2012. I filed my tax returns for 2011 which I received. I have moved back to India and would need to file US tax returns upon receiving my W2. I would like to know in case the entire amount of tax will be returned, both state and Federal, as I was in USA for less than 90 days of 2012. Kindly help.
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #2

    Jan 30, 2013, 07:18 AM
    That would depend how high your income was, there is no rule that would state that someone staying less than 90 days would get all taxes paid back. You need to file a return and see if you get a refund.
    You would file form 1040NR or 1040NR-EZ
    Form 1040NR, U.S. Nonresident Alien Income Tax Return
    Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,815, Reputation: 846
    Senior Tax Expert
     
    #3

    Jan 30, 2013, 05:15 PM
    You will prbably get a refund of some type, but it will NOT be a full refund.

    Income earned while INSIDE he borders of the U.S. is fully taxable if the source of the income is U.S.-based, which your income was.

    You need to file Form 1040NR with Form 2106 to claim daily living expenses, because you CANNOT claim the standard deduction of $5,950.

    If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Jan 30, 2013, 10:43 PM
    File your nonresident tax return and claim itemized deductions.

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