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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15732
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a South-African citizen that lived, worked, and paid

Customer Question

I am a South-African citizen that lived, worked, and paid taxes in the USA on a H1-B visa for 9 yrs.
I moved back to South-Africa when my visa expired approximately 6 months ago.
I have no legal immigration status or visa and no intentions returning to US.
Although I am employed and earn a salary from the same company, I do not live or work in the USA.
The company is still withholding tax.
Am I taxable by US?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.


As you are outside the US and you hold no Green Card the US company is not required to withhold tax on your income.

Your US employer should request a form W8 from you.

All wages are subject to FICA (Social Security and Medicare) if the services are performed…

• Within the U.S. by U.S. citizens, resident aliens, and nonresident aliens;

• Outside the United States by U.S. citizens and resident aliens if paid by an American Employer;

• On board American ships and aircraft if certain conditions are met; or

• In accordance with conditions recognized in a Totalization Agreement with a foreign country.

As you are outside the US and not a US person you would have no tax withheld for SS or Medicare.

When a foreign person is excluded from Federal income tax withholding, the payor should be able to adequately the substantiate the exclusion (this is here the Form W8 is used).

Compensation is sourced at the location where the activity is performed. If the location of activity is outside the United States, the income is not taxable and not reportable.

You need to speak with HR and request to submit the W8.

You can file a US 1040NR tax return to request the withheld amount back.

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Expert:  Robin D. replied 1 year ago.

Checking to see if you responded

Expert:  Robin D. replied 1 year ago.

Were you able to use the information I supplied?