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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16576
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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HI I am currently working as a Postdoc under J1 Research

This answer was rated:

HI

I am currently working as a Postdoc under J1 Research scholar.
I intended to stay here for 2 years so I have claimed the income tax treaty.
I am aware that the treaty is only applicable for income I receive for my research/teaching services for the 2 years if I do not stay longer than 2 years.
I am leaving at the end of my visa- but am considering another position in the US.
If I come back with another visa (not J1)- will I be liable to pay this tax back?

MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

Are you asking if you would be liable for taxes on the income earned during your J1 period, if you come back?

MyVirtualCPA :

You would not be liable for the past taxes. However, when you come back into the US you will be subject to the income tax rules for your visa type. You would most likely be taxed on the income you earn here.

Customer:

Even if the treaty has a retroactive clause?

MyVirtualCPA :

What country are we looking at, and which article of the tax treaty

Customer:

United Kingdom, treaty article 20A

MyVirtualCPA :

okay let me look and read the article

MyVirtualCPA :

I read article 20, and I do not see a retroactive clause

MyVirtualCPA :

Are you going back home, staying a little while, and then coming back?

Customer:

I have booked to go back home. But I am thinking of applying for another job- which I will apply for a H1-B.

MyVirtualCPA :

ok

MyVirtualCPA :

If you go home and then come back, I do not see how you would be liable for the tax for the period that you were a gueset

MyVirtualCPA :

However, if you were to stay longer than 2 years then you would owe the tax because then you have been here for over 2 years and don't meet the requirements of the treaty

Customer:

Does it matter how long I am home for- do I need a break between the two positions?

MyVirtualCPA :

Yes, I would take a break between positions

Customer:

What should be the duration?

MyVirtualCPA :

That's subject to interpretation. I would say at least a couple of months.

Customer:

Ok thank you for your help

MyVirtualCPA :

YOu're welcome

MyVirtualCPA :

If you would, please rate my response "excellent " so that I may receive credit for assisting you today

Customer:

Sure-

MyVirtualCPA :

Thanks so much! Have a great day

Customer:

I have found this from Publication 901 which suggests there is a retroactive clause?


A professor or teacher who is a resident of the

United Kingdom on the date of arrival in the Uni-

ted States and who is in the United States for

not longer than 2 years primarily to teach or en-

gage in research at a university, college, or

other recognized educational institution is ex-

empt from U.S. income tax on income for the

teaching or research. If the individual's 2-year

period is exceeded, the exemption is lost for the

entire visit, including the 2-year period

MyVirtualCPA :

But if you go home and then come back, then it's a new visit

MyVirtualCPA :

allow several months between jobs

Customer:

Ok thats what I needed to know!

Customer:

Thank you so much!

MyVirtualCPA :

You're welcome

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