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Tax Information for J-1 Foreigners

For tax filing purposes, J-1 visa holders, are considered non-resident aliens. J-1 visitors are required to file their taxes annually with the Internal Revenue Service (IRS), the U.S. government agency responsible for tax collection.

The Tax Moves Blog

Mar 25, 2024 | J1 VISA

Tax Information for J-1 Foreigners

Which IRS documents should I have ready for tax filing?

W-2 Form, Bank account information, Social Security Number, Previous tax returnsl, Passport .

Most J-1 exchange visitors will need to file either a Form 1040NR or a Form 1040. These forms, while similar in some respects, are different in their application. To help determine which form to file, the IRS has created a tool called the Substantial Presence Test.

Previously, there was the Form 1040NR-EZ, which the IRS discontinued in 2020. It’s important to note that this form is no longer in use and has become obsolete. Despite this, some individuals still search for it, including on YouTube videos. Therefore, it’s essential to recognize that it’s no longer relevant and should not be used today.

What is the typical delivery time for the W-2, and what should I do if it hasn’t come yet?

You will need the W-2 form to complete your taxes, as it is necessary to extract and input the relevant data when preparing your tax returns. This form is provided by your employer and includes information on all deductions made throughout the year.

Your company is required to send out your W-2 form by 🌟January 31st🌟 of the current year. If, for any reason, you have not received it by that date, you should reach out to your human resources department or supervisor to verify its status.

 

I have my W-2, but are there any other forms I need before I can file my taxes?

You should submit all the documents you receive, including various types of forms such as Form 1098T, which pertains to your educational expenses. It’s advisable to wait until you have received all your forms before filing your taxes to ensure accurate reporting.

 

I had no income. Do I need to file a tax return?

Even if you were in the U.S. for just one day as a J-1 exchange visitor and had no income in the U.S., you are still required to file Form 8843, the Statement for Exempt Individuals and Individuals with a Medical Condition.

What is a Tax Treaty?

A tax treaty is a bilateral agreement between two countries that establishes rules to prevent double taxation and promote cooperation in tax matters between them. This agreement can address various aspects, such as income taxes, dividends taxes, interests, and royalties, among others.

Below is a list of countries that have tax treaties. The specific benefits of these treaties may vary depending on the countries involved:

Australia, Austria, Armenia, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Bulgaria, Canada, China, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Moldova, Netherlands, New Zealand, Norway, Pakistan, Philippines, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Kingdom, Uzbekistan, Venezuela.

Do I also need to pay Social Security and Medicare taxes?

As a non-resident, you are exempt from paying Social Security and Medicare taxes. It’s important to review your W-2 form to ensure that your company hasn’t deducted these taxes, which appear in boxes 4 and 6🌟. If they did, we can initiate a process to get them 🌟refunded🌟.

What happens if I owe money to the IRS?

If not enough taxes were withheld from your wages during the fiscal year, it’s highly likely that you owe the IRS, a situation that affects around 98% of AU pairs. Failing to withhold taxes throughout the fiscal year results in a debt. If that’s the case, you should proceed by clicking here or directly from your IRS account, where you can make the payment. HERE

What happens if the IRS owes me money?

J-1 visa holders can claim both federal and state tax refunds by filing taxes and providing their bank account information for direct deposit. Ensure the accuracy of your information to avoid delays. On the other hand, if the deductions from your wages were more than necessary during the fiscal year, upon calculation, it will result in a refund. You can receive it directly in your bank account. 

What is State Income Tax?

These are taxes paid separately directly to the state where you worked. The following states are exempt: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Washington.

Just like the previous questions, you may receive a refund or you might have to pay taxes to those states. State taxes and Federal taxes are two different things.

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