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    rishi_85's Avatar
    rishi_85 Posts: 5, Reputation: 1
    New Member
     
    #1

    Jan 27, 2014, 03:09 PM
    Income tax refund on L1 visa
    Hi,

    I have moved to San Jose, USA on 1st January,2014 on L1 visa. My annual income is 80000$ per annum.

    I have to go back to india on end of February, 2014. Therefore please clarify my following queries:

    1. As currently (federal tax + State tax + others) are getting deducted by my employer, please advice will I be eligible for tax refund considering that I am working in USA only from Jan,14 till end of feb,14.
    2. If I am eligible for refund, then what all taxes will be refunded back to me? Is it only federal, or all (federal,state and etc) of them
    3. What will be the procedure for claiming the refund? Do I have to submit the return before leaving USA on Feb,2014 OR can I file the return after reaching India as well.
    4. How long will it take to get the refund back from IRS?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 27, 2014, 09:25 PM
    The income you earn while here in the U.S. IS subject to U.S. income taxes because it is U.S.-sourced.

    You will file Form 1040NR (as a non-resident alien because you did NOT meet the 183-day Substantial Presence Test) plus Form 2106 to claim daily living expenses (since your work tour is LESS than one year).

    You will also file a California return as a part-year resident; THAT return can be filed electronically.

    Both of these returns for 2014 will be filed NEXT year in January 2015. That is the earliest date these return can be filed.

    If next year you need professional help, email me at the email address in my profile. I handle returns like yours on a routine basis.

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