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Barbara
Barbara, Tax Preparer
Category: Tax
Satisfied Customers: 910
Experience:  Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
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HI I am on L1 Visa and will be staying in USA for 2 months

Resolved Question:

HI

I am on L1 Visa and will be staying in USA for 2 months and returning back to my country after that. I have received my 1st pay check and I see that amount has been deduced towards federal tax, social security tax, Medicare tax and State Income tax.
for instance If my income for 2 months is around 8000 USD for Month and cut 1500 as taxes, would there be any tax refund.
I am staying alone here as my family is back in my country?

Thanks
John
Submitted: 8 months ago.
Category: Tax
Expert:  Barbara replied 8 months ago.

Welcome. My name is XXXXX XXXXX it will be my pleasure to assist you with your tax question today.

 

In order to be considered a resident of the US for tax purposes, you must meet the substantial presence test for the calendar year.

 

To meet this test, you must be physically present in the United States on at least:

31 days during the current year, and

183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

 

Based on the information contained in your question, you would file a Non-Resident Tax return. Please see the following links for Form 1040NR and its instructions.

 

http://www.irs.gov/pub/irs-pdf/i1040nr.pdf

 

http://www.irs.gov/pub/irs-pdf/f1040nr.pdf

 

If you have any questions after reviewing the information in these links, please do not hesitate to come back to me here, and I will be happy to assist you.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

I came in 2012 to USA on Business Visa and never received any pay as my is trip is for business only. During that time, I stayed for 120 days on Business. This year I came on L1 Visa for 30 days in August and again I didnt received any Pay or salary. I am now in USA for 2 months starting middle of October. This is the first time I will be receiving salary. How much tax can i get as refund?

Expert:  Barbara replied 8 months ago.

Thank you for your follow-up question.

 

I will only be able to give you an estimate, but I need some additional information in order to do so. Please advise your filing status (single, married, etc.), whether you have any dependents, and the amount withheld for federal income tax only.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

Though I am married, my family is in my country. I stay alone here. But even back in Country I will file my tax returns .


These are taxes with heldf


 


Federal Tax( for 15 days) - 890


SSN tax - 270


Medicare - 62


State income tax - 220


 


which of the about components are refundable and how much is total refundable I can expect ( estimate)


Thanks


John


 


 

Expert:  Barbara replied 8 months ago.

Hi, John.

 

I understand what you are saying, but if you review Form 1040NR, you will see that you will receive a deduction for exemptions/dependents. That is the reason I asked for your filing status, etc.

 

You will be eligible to receive a refund for the federal and state taxes that were withheld depending on your specific circumstances.

 

Thank you and best regards,

Barb

Expert:  Barbara replied 8 months ago.

Hi, John.

 

I see you are now offline. If you have any additional follow-up questions after you have reviewed Form 1040NR, please come back to me here.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

Thanks


 


What are the special circumstances you are referring for refund? I dont have form 1040 NR. As I said earlier this is my first salary. I dont have any form 1040NR. When and where I get that?


 


while filing in Jan 2014 which form I need to use for filing? Do you guys also help in filing to help me getting maximum refunds back?

Expert:  Barbara replied 8 months ago.

Hello, again.

 

I sent you the link for Form 1040NR as well as the instructions in my first response to you so you could review it.

 

The special circumstances I was referring to is your marital status, dependents, etc., of which I have no knowledge.

 

Tax returns for 2013 are due to be filed by April 15, 2014 unless you request an extension.

 

Unfortunately, this is not a tax preparation site, and site rules prohibit us from preparing your tax return. Most of the major retail income tax preparation companies, such as H&R Block, will be able to assist you.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

Thanks for your reply and patience


 


As said I am married and have dependents. But my dependents are all in my Country and I stay alone

Expert:  Barbara replied 8 months ago.

Based on your information, it would appear that you would receive the federal amount that was withheld.

 

As to Illinois, you would be considered a part-year resident. The rules you use to determine Illinois income and tax depend on whether or not you were a resident of Illinois when you received the income.

 

If you were a resident of Illinois when you received the income, you will (within certain limitations) be taxed on 100 percent of the income you received while you were a resident, regardless of the source.

 

The following is a link to the Illinois Department of Revenue, which will provide additional information.

 

http://tax.illinois.gov/individuals/filingrequirements/index.htm

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

I am staying in a hotel as I am on a short stay.

 

So is no way that the state tax can be requested for refund?

 

Also can I claim Exception as non resident as I am here for only 90 days in 2013?

Expert:  Barbara replied 8 months ago.

You earned the income while in Illinois. I will research this further and advise you in a few minutes.

 

Thank you and best regards,

Barb

Expert:  Barbara replied 8 months ago.

You would still be required to file the Illinois state tax return in order to claim a refund. You are considered a part-year resident because you lived in Illinois, and as I stated previously, you earned the income in Illinois. The forms can be found at the following links:

 

http://www.revenue.state.il.us/taxforms/IncmCurrentYear/Individual/Schedule-NR.pdf

 

http://tax.illinois.gov/taxforms/IncmCurrentYear/Individual/IL-1040.pdf

 

Please let me know if I can assist you further.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

Thanks


 


Let me reconfirm this . So I get Federal tax as refund during my filing and I need to file separately with Illinois state to get the state tax back


 


Essentially I would be getting federal and state tax refunded


 


Regards


John

Expert:  Barbara replied 8 months ago.

You are correct. You would file both federal and Illinois tax returns to obtain a refund from each.

 

Thank you and best regards,

Barb

Customer: replied 8 months ago.

Great!.... To finally close this


 


Can let me know how to file both the forms separately and can you recommend any tax consultants who can help me with this


 


Regards


John

Expert:  Barbara replied 8 months ago.

As I mentioned in a previous response, you could utilize the services of a major retail tax preparation company, such as H&R Block, or you could contact a CPA or enrolled agent who specializes in Non-Resident federal tax returns and Illinois state tax returns.

 

Thank you and best regards,

Barb

Barbara, Tax Preparer
Category: Tax
Satisfied Customers: 910
Experience: Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
Barbara and 2 other Tax Specialists are ready to help you

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