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    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #1

    Mar 16, 2013, 03:58 PM
    J1 Visa tax return information details
    I visited US under J1 visa as a student Intern. Federal tax, State tax(Illinois), Medicare and social security taxes have been deducted. I am an Indian national. What are the guidelines I need to follow. Which forms I need to fill

    I have check up onn the IRS website and here it says under form 1040EZ: Your filing status is single or married filing jointly. If you were a nonresident alien at any time in 2012, your filing status must be married filing jointly.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 16, 2013, 07:49 PM
    As a J-1 visa holder, you are EXEMPT from FICA (Social Security and Medicare) taxes for the first two calendar years for you J-1 visa. On 1 January of the 3rd year, you become liable.

    As for filing as a resident, that is allowed in some circumstances sometime after you have reached the 2nd year anniversary of your arrival, but different tax treaties have different variables.

    So please tell us your HOME COUNTRY and EXACT date of arrival.
    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #3

    Mar 16, 2013, 09:00 PM
    I told earlier also. "I am an Indian". My arrival date is May 13, 2012 and Dep date is Aug 4,2012.
    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #4

    Mar 16, 2013, 09:01 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    As a J-1 visa holder, you are EXEMPT from FICA (Social Security and Medicare) taxes for the first two calendar years for you J-1 visa. On 1 January of the 3rd year, you become liable.

    As for filing as a resident, that is allowed in some circumstances sometime after you have reached the 2nd year anniversary of your arrival, but different tax treaties have different variables.

    So please tell us your HOME COUNTRY and EXACT date of arrival.
    I told earlier also. "I am an Indian". My arrival date is May 13, 2012 and Dep date is Aug 4,2012.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Mar 17, 2013, 04:06 AM
    You were exempt from FICA taxes, so go back to the employet and ask for a refund of those taxes.

    If they refuse, get a refusal letter on company letterhead and submit Forms 843 and 8316 to request the refund direct from the IRS. Expect to wait at least six months for the refund.

    For the annual income tax return, you should file Form 1040NR plus Form 8843, plus Form 2106 to claim daily living expenses if your income exceeded $10,000.
    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #6

    Mar 23, 2013, 03:04 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    You were exempt from FICA taxes, so go back to the employet and ask for a refund of those taxes.

    If they refuse, get a refusal letter on company letterhead and submit Forms 843 and 8316 to request the refund direct from the IRS. Expect to wait at least six months for the refund.

    For the annual income tax return, you should file Form 1040NR plus Form 8843, plus Form 2106 to claim daily living expenses if your income exceeded $10,000.
    Can you tell more about state tax. I just want to confirm the following: Will I get all the ferdal tax I paid as refund.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    Mar 23, 2013, 11:03 AM
    Yes, you should get all of the federal income tax back.

    You need to identify the state.
    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #8

    Mar 23, 2013, 12:50 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Yes, you should get all of the federal income tax back.

    You need to identify the state.
    Illinois(I lived in Evanston)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #9

    Mar 23, 2013, 01:02 PM
    You will probably get all of your state money back as well.
    amandeepgautam's Avatar
    amandeepgautam Posts: 12, Reputation: 1
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    #10

    Mar 23, 2013, 01:11 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    You will probably get all of your state money back as well.
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #11

    Mar 23, 2013, 01:13 PM
    Glad to help!

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