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I am on a J1 visa here and am exempt from some taxes (social security, medicare etc). How do I apply this to my return?

 
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DS30
New Member

I am on a J1 visa here and am exempt from some taxes (social security, medicare etc). How do I apply this to my return?

If you are on a J-1 visa, you will be exempt from the Substantial Presence Test for the first 2 (if non-student) or 5 (if student) calendar years that you are in the US. This means that you are considered a non-resident aliens for US tax purposes.

You will need to file a Form 1040NR to report your US source income. TurboTax does not support Form 1040NR. You may want to try https://www.sprintax.com/ which is specifically designed to help international student nonresident aliens with their US tax returns.

Here is a link to the IRS website for Form 1040NR, U.S. Nonresident Alien Income Tax Return

Click this link for more information from the IRS on US Tax Guide for Aliens

Additionally, if you had Social Security taxes taken out in error, you can file a separate form with the US government for a refund of these social security taxes.

Refund of Taxes Withheld in Error

If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund.

If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement (PDF). Attach the following items to Form 843:

  • A copy of your Form W-2 to prove the amount of social security and Medicare taxes withheld,
  • A copy of the page from your passport showing the visa stamp,
  • INS Form I-94,
  • If applicable INS Form I-538, Certification by Designated School Official, and
  • A statement from your employer indicating the amount of the reimbursement your employer provided and the amount of the credit or refund your employer claimed or that you authorized your employer to claim. If you cannot obtain this statement from your employer, you must provide this information on your own statement and explain why you are not attaching a statement from your employer.
  • If applicable, Form 8316, Information Regarding Request for Refund of Social Security Tax Erroneously Withheld... (PDF)

File Form 843 (with attachments) with the IRS office where your employer's Forms 941 returns were filed. You can locate the IRS office where your employer files his Form 941 by going to Where to File Tax Returns


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