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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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Hello, Ive been a J-1 researcher from 01/01/2012 to 01/01/2013

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Hello, I've been a J-1 researcher from 01/01/2012 to 01/01/2013 at GWU, WashintonDC. I left US on January 23rd 2013 and due to some troubles with my email the tax department at the university mailed the forms (1042-s) at my US address sometimes in March. Not being in US, I just found out about this, and obviously did not file taxes. During my J-1 stay at GWU I was exempt form taxes because of a tax treaty (art 19 US and Romania). Do I still need to file 1040NR-EZ? What happens if I file late? What will happen I don't file? Thank you very much!


LEV :

Hi and welcome to Just Answer!
Generally - you should be treated as a nonresident - and withholding reported on form 1042 should be equal to your tax liability - and if these assumptions are correct - you are not required to file the US tax return.
However - if your withholding is above your tax liability or if you do not have any tax liability and want to claim a refund for withholding - you might want to file your tax return.
There will not be any issue if you file late and do not have any additional tax liability.
However - if you want to claim a refund - please be aware that there is a three year statute of limitation.

Customer:

Thanks

Customer:

My 1042-s witholding says 0

Customer:

and Tax Rate 0

LEV :

So far - I assume that zero withholding is based on the tax treaty - and you do not owe any taxes - has nothing to refund - and you are not required to file the tax return.

Customer:

ok. How can I make sure I don't owe any taxes? I did not have any other income except those from GWU salary

LEV :

You may however file the tax return - but that would be your choice - and based on your information - there will not be any tax liability and nothing to refund.

Customer:

ok. Thank you for your answer!

LEV :

You are welcome.

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