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    kondor's Avatar
    kondor Posts: 2, Reputation: 1
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    #1

    May 7, 2013, 09:25 AM
    Retroactive loss of benefits on J-1
    Hi,
    I am currently on J-1 from Israel. Under tax-treaty I am not paying taxes for my first two years.
    I know that for some countries, there is a retroactive loss of benefits, if the two-year time limit in the U.S. is exceeded.
    Is there such loss provision for Israel?

    And if yes, if I change my status from J1 to H1B before end of my two-years (I am NOT subject to 2-year Foreign Residency Requirement) - will I still need to retroactively repay taxes?

    Thank you
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    May 7, 2013, 11:06 AM
    No, there is NO retroactive tax provision in the U.S.-Israel Tax Treaty for J-1 visa holders who are teachers are researchers.

    However, not all J-1 visa holders are teachers and researchers. They can be students, apprentices, trainees or interns. If so, they are NOT tax-exempt.
    kondor's Avatar
    kondor Posts: 2, Reputation: 1
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    #3

    May 7, 2013, 12:37 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    No, there is NO retroactive tax provision in the U.S.-Israel Tax Treaty for J-1 visa holders who are teachers are researchers.

    However, not all J-1 visa holders are teachers and researchers. They can be students, apprentices, trainees or interns. If so, they are NOT tax-exempt.
    Thank you. I am a researcher.
    And can you please then tell if there is any benefit of staying on J1 vs H1b past tax-exempt period (except the ability of dependents to receive work permit on J2 vs H4)?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    May 7, 2013, 03:16 PM
    Other than work permit, there IS no benefit to stay on J-1 status.

    Once you hit the two-year point on the J-1 visa, you become a resident for tax purposes.

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