J1—>H1
Q1:06年5月J1来美国。08年7月转为H1。请问这种情况如何保税？是按R报还是NR报？免税
可以免到09年5月（3年）么？
A1: I think in 2008 you are dual-status (part of the time NR and part of the time R). 3 years exempt from tax does not mean counting 36 months from the day you boarded US. You count the years you are in US (06, 07, 08).
So from Jan 08-July 08 (7 months instead of 10 months like you said) you are exempt from taxes, but from then on you are H1 and need to pay taxes.
A2: 3年是36个月，不是自然年，我周围很多人都以36个月退税成功。
不过中间换过身份能不能接着用treaty我不是很清楚
[此贴子已经被作者于2009-3-26 22:12:32编辑过]
Q2: 今天确认了一下w2，上面的income什么的都是空格；只有ssn和med两栏里面有工资数字，是J1全年的工资收入。那么是不是意味着就是免税呢？
谢谢。
A: 那就是已经帮你免了税
Q3:但是我还有一点不明白，按说我拿到1042s和W2，上面已经为我免了税，那我保税的时候填那个表啊？1040nr，还是1040？ 因为我08年半年是J1，半年是H1。需要附上8833么？
A: 如果H1大于183天的话就用1040。如果因为treaty，你应该交税的收入和你w2上的有出入，就需要附上8833说明。
Q3:问一个H1B Treaty的问题。香港读的PhD, 第一次到美国来，在大学里做postdoc。一个小问题是入美国的时候拿H4，进入后立刻file H1B，一个月内转成H1B. 签H4是因为老婆的材料先备齐，就一起去先签了一个H4. 学校里看我是拿H4转成H1B，就把我的TAX都扣住了。 但是我查了publication 519, 901以及 "US-PRC INCOME TAX CONVENTION" article 19，我觉得自己完全符合规定： 1) I am a resident of PEOPLE'S REPUBLIC OF CHINA on the date of my arrival in the United States. 2) I am present in the United States for the primary purpose of research in a university. 3) I have never claimed an tax income exemption under this treaty. 4) Any research I performed will be undertaken in the public interest. 5) I have been in USA less than 3 years. 对于第二条，尽管我拿Ｈ４进入，我来的目的地确是现在的这份工作。因为１）我来之前两个月前已经拿到现在的工作ｏｆｆｅｒ。２）当时我还有其他地方的ｏｆｆｅｒ，如果不是来工作的话，我应该会接受其他ｏｆｆｅｒ． 不知道我敢不敢按照ｔｒｅａｔｙ申报退税．如果万一弄错了是否会受惩罚，影响绿卡申请等等。 谢谢！
A: No you can't use the treaty
2) I am present in the United States for the primary purpose of research in a university.
you were presented in US as an H4. the primary purpose of H4 is to be with H1
[此贴子已经被作者于2009-3-28 3:03:03编辑过]
J1：
Q1：帮朋友问。
她老公是J1（国内来的交换学生），有ssn，但收入是国家给。没有w-2。朋友是J2，有ssn，持工卡在这里工作。
问题：
１。朋友应该按resident还是non-resident报税？
２。如果按resident，她可以married filling jointly报税吗？
A：来美国第几年？前2年non-resident，以后resident
Q2:
我和老公都是持J1. 老公06年8月分来美国，我是07年12月来美。女儿08拈12月出生。目前老公已经扣掉SS和Medicare税。我来美之后由于没有及时添相关文件导致一月份被扣掉Federal tax。请问：
1。 老公的SS何Medicare 能否找回来？
The most important thing is: Is your husband a J-1 student or J-1 nonstudent?
J-1 student: J-1 students and their dependents are "exempt individuals" (exempt from counting the days from the substential presence test) for 5 years throughout their lifetime. So if he is a student, he will remain non-resident alien for 5 years, and during these 5 years, SS and medicare taxes should not be withheld from his income. Ask the institution to refund him.
J-1 nonstudent: J-1 non-students (post-doc, visiting-scholar, etc) and their dependents are only "exempt individuals" 2 years out of every 6 years. So if he is non-student, then it is normal his SS and Medicare taxes are withheld, become he becomes a resident alien for tax purposes although his immigrant status is still a non-resident alien.
2。我的W-2表上的wage数和1042S上面的数不一样，这是什么意思？
It is normal for your wages to be different on W-2 and 1042-S, become they report different things. W-2 reports your income that you provided services for (ie. TA/RA), 1042-S reports income that you did not provide services for (example, fellowship, scholarship). you came to US in 2007, so you do not need to pay income tax in 2008. You should try to contact your institution to see they can refund the taxes that they have withheld. If not, you should then fill out forms to ask it back from IRS.
3。我们能否通过填一些表来争取到更多的利益？
I am not familiar with that. But I think it depends on how you file your taxes. Since your husband is a resident alien, you can either file separately as a NRor file jointly with him as a resident. Then you would have more deductions, personal deduction and standard deduction, I think.
4。大家讨论的1045-NR/R是干什么用的表？（我是税盲）
I think you are talking about 1040NR and 1040 forms. NR forms are for non-residents. 1040 forms are for residents. depending on your residency for tax purposes, you would be filing different forms.
[此贴子已经被作者于2009-3-28 3:01:39编辑过]
Schedule A:
Q1:我去年有了小宝宝，因为保险比较差，自己付了很多钱（有些钱还没有付，但账单都已经来了）， 总额已经超过收入的7.5%， 好像我可以填schedule A ， 我的问题是，我需要提供什么document证明我付过的钱吗？很多钱的reciept已经找不到了，还有一些根本没有receipt （医院寄账单，我打电话用信用卡付的）。 谢谢！
A:超过AGI 7.5%的medical expense就可以claim deduction.
LZ留好那些账单和信用卡statement，如果有付款收据就最好了。
这种事情还是小心一点，不查没关系，如果audit的话你有提供record的义务。
[此贴子已经被作者于2009-3-28 0:54:41编辑过]
Federal tax calculation:
Married filing jointly. After the deductions. This is for 2009.
0 to 16,700 - 10%
16,700 to 67,900 - 15%
67,900 to 137,050 - 25%
137,050 to 208,850 - 28%
208,850 to 372,950 - 33%
372,950 and above - 35%
If you and your spouse are making $100,000, and your itemized deduction & exemptions is $30K, so your taxable income is $70,000.
16,700 * 10% = 1,670
(67,900 - 16, 700) * 15% = 7,680
(70,000 - 67,900) * 25% = 525
1,670 + 7,680 + 525 = 9,875
That means you need to pay $9,875 federal tax.
[此贴子已经被作者于2009-3-28 0:46:44编辑过]
Top Ten Facts About the Child and Dependent Care Credit
If you paid someone to care for a child, spouse, or dependent, you may be able to reduce your tax by claiming the Child and Dependent Care Credit on your federal income tax return. Below are the top ten things you need to know about claiming a credit for child and dependent care expenses.
- The care must have been provided for one or more qualifying persons. A qualifying person is your dependent child under age 13. Additionally, your spouse and certain other individuals who are physically or mentally incapable of self-care may also be qualifying persons. You must identify each qualifying person on your tax return.
- The care must have been provided so you – and your spouse if you are married – could work or look for work.
- You – and your spouse if you are married – must have earned income from wages, salaries, tips, other taxable employee compensation or net earnings from self-employment. One spouse may be considered as having earned income if they were a full-time student or they were physically or mentally unable to care for themselves.
- The payments for care cannot be paid to your spouse, to someone you can claim as your dependent on your return, or to your child who is under age 19, even if he or she is not your dependent. You must identify the care provider on your tax return.
- Your filing status must be single, married filing jointly, head of household or qualifying widow(er) with a dependent child.
- The qualifying person must have lived with you for more than half of 2008.
- The credit can be up to 35 percent of your qualifying expenses, depending upon your income.
- For 2008, you may use up to $3,000 of the expenses paid in a year for one qualifying individual or $6,000 for two or more qualifying individuals.
- The qualifying expenses must be reduced by the amount of any dependent care benefits provided by your employer that you exclude from your income.
- If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer. If you are a household employer, you may have to withhold and pay social security and Medicare tax and pay federal unemployment tax. For information, see Publication 926, Household Employer's Tax Guide.
For more information on the Child and Dependent Care Credit, see Publication 503, Child and Dependent Care Expenses. You may download these free publications from IRS.gov or order them by calling 800-TAX-FORM (800-829-3676).
[此贴子已经被作者于2009-3-9 13:15:30编辑过]
我也有一个问题:
我和我lg分别在2个州，他是H1，我是F1.
因为我2月就收到W2表后，后来就马上就找了一个会计师帮我把税表填写了，然后当天就寄出去了。
后来，我lg今天填税表，他发现如果夫妻一起报税，还可以拿到退税1千多，但是如果我们分开报税，他就要补交2000多的税，当时我们都傻眼了。好难受啊，今天一直很sad。
那么我可以不可以把已经填了的税表再取消，然后再和lg一起file报税呢。
谢谢谢谢～
......................................
[此贴子已经被作者于2009-3-24 22:48:33编辑过]
到底了
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