[mlc1992]

Hi all,

I am a UK resident and I am working in the US for 8 weeks, I have been here for 2 already. I am renting accommodation and working in New York and I am here with a J-1 VISA.

I was wondering if, once I return to the UK, I can claim my tax back. I know this is the case if I were to be working in Australia etc, I just cannot find clear information on this.

Any help would be great.

[AtlantaTaxExpert]

Since you are talking about "claim my tax back", that indicates that at leats federal and state income taxes are being withheld.

You DO have a federal and state INCOME tax liability, but your J-1 visa status makes you EXEMPT from FICA (Social Security and Medicare) taxes. If the FICA taxes are being withheld at 6.2% for Social Security and 1.45% for Medicare, go to your payroll and ask that the FICA taxes already withheld be refunded and that no further FICA taxes be withheld. If they ask for a legal reference, cited IRS Pub 519, pages 43 and 44.

As for the income taxes, you will file Form 1040NR. You get a $3,900 personal exemption, but you MUST itemize; as a non-resident alien, you CANNOT claim the standard deduction.

However, you CAN claim daily living expenses (food, rent, utilities, local transportation) using Form 2106. That, combined with the personal exemption, may result in NO taxes being owed.

If you need professional help filing next year, this IS what I do! Please email me at the email address in my profile.