Discussion:J-1 Visa working in USA - How to claim?
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Discussion Forum Index --> Tax Questions --> J-1 Visa working in USA - How to claim?
| 22 January 2006 | |
| I have been approached by a J-1 visa person working here in the USA.
The first thing they asked me is HOW HE/SHE SHOULD CLAIM? and what forms. Any input, please answer. Thank you. Luis | |
| 22 January 2006 | |
| A J visa is an exchange visitor's visa. Taxation depends on why this indidual is here and what he or she does for a living (place of employment). It also depends on the taxpayer's country of residence.
If the taxpayer is not a student, teacher, or trainee, then the normal substantial presence tests would apply, and you will need to determine the taxpayer's days of U.S. presence in 2003, 2004, and 2005. | |
| 29 January 2006 | |
| In this case, in payroll I have seen federal withholding but no FICA - is this correct? | |
| 30 January 2006 | |
| Yes, FICA and Medicare would ordinarily not apply to a visitor on a J-1 visa. In some cases, Federal withholding would not apply to a visitor on a J-1 visa. | |
| 21 February 2006 | |
| I know someone who has J-1 Visa and works in US as a trainee. 2005 is his second tax year and he owes a lot of money if he doesn't file Form 1040 (MFJ) vs. Form 1040NR (MFS).
In this case, I assume substantial presence tests doesn't apply, correct? Then, the taxpayer needs to file Form 1040NR?? | |
| 23 October 2007 | |
| We have now been living in Vence for 3 months. My partner works for a large IT company.
How do we get hold of our Social Security numbers and Carte Vitale please? Thanks | |
| 24 October 2007 | |
| Hey,
If your husband works for a large IT company ...and you are residents here.....so I take it for granted you guys are not like irregular immigrants and he has a regular and normal work contract, I guess his company would have a proper HR department, if not a relocation team, able to help you ?? I am not sure any company can legally employ someone without a NI number so did you check on the salary slip for "numero de securite sociale”?? on the work contract ?? Anyway if you work legally you pay for the Social Security so you should have a number. (Spam site deleted) | |
| 12 March 2008 | |
| Hi I was on J1 visa in NY for 18 months I have filed my taxes each year and got my federal and state tax returns , as J1 visa holder i was not suppose to pay Social security tax but my company deducted it each month ....the total amount they deducted in entire 18 monhts was around $2000 I want to claim this amount ...does anyone know if i can claim this and if yes how can I do this ...please help | |
| 6 August 2008 | |
| For J1 filer, the general rule is to file as nonresident 1040NR and cannot claim standard deduction,. If it possible to file 1040 as a resident anyway. I want to claim standard deduction. I can't find any research that says J1 must file as a nonresident and the substantial presence is not counted under J1 status. My question is whether I have the option to file as a resident-1040 anyway. | |
| 6 August 2008 | |
| Lily, you are correct according to Prof. Singleberry, but incorrect according to Prof. Finklestein. In general, I would take as a cautionary tale the matter of St. Paul. By making his appeal to Rome, which was his right, he doomed his case. I would advise that you stop while you're ahead. | |
Chilli2007 (talk|edits) said: | 6 August 2008 |
| J1 filers are considered a nonresident for tax purposes and therefore exempt from Social Security Tax and Medicare tax for 2 years.
Can they claim as resident to take standard deduction and at the same time not paying Social Security and Medicare tax? I doubt it. | |
| 7 August 2008 | |
| I think you are asking if a person making a 6013(g) or 6013(h) election to be treated as a resident for US tax purposes can also be exempt from US Social Security taxes. The answer is no. | |
| 13 August 2008 | |
| Can a J1 make an election to file as a resident in order to be able to claim standard deduction? | |
| 13 August 2008 | |
| No election is available unless they are married to a U.S. citizen or to a person that is a resident of the U.S. on the last day of the year. | |
