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    gshivashimpi's Avatar
    gshivashimpi Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 7, 2011, 08:11 PM
    Regarding Refund of Tax for J1 visa holder
    Myself Gururaj, worked on J1 visa in US from August 22, 2008 to August 22, 2010 (I mean received salary for 2 years).

    As my DS-2019 (J-1 visa document) was from May 02, 2008 to May 02, 2011 (3 years), my university's GLACIER system shown that I need to pay tax. Therefore, I have paid the Federal Tax till August 22, 2010.

    But my job contract was terminated on August 22, 2010 and I left US on Sept. 10, 2010 after staying on grace period of 15 days. Means officially I was employee in US for only two years.

    As per US-India tax treaty, J-1 visa holder don't have to pay tax for initial two years. Therefore I just wanted to inquire whether I can get back the money I paid for Federal Tax from August 22, 2008 to August 22, 2010.

    Thank you.
    Gururaj
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 8, 2011, 05:42 AM

    This is from IRS publication 901.
    "If the individual's visit to the United States exceeds 2 years, the exemption is lost for the entire visit.
    This exemption does not apply to income from research carried on mainly for the private benefit of any person rather than in the public interest."

    Your visit has exceeded two years.
    gshivashimpi's Avatar
    gshivashimpi Posts: 2, Reputation: 1
    New Member
     
    #3

    Mar 8, 2011, 06:27 AM
    Dear MukatA,

    Thanks for the information given. :-)

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