Question

Refund of federal withheld for J1 India for Resident Alien

Forum|Forum|1 year ago
April 2, 2025
1 reply
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I was employed as a postdoctoral fellow with J1 visa from 2022 to 2024. I returned India before the completion of 2-year stay in the US. However, I didn't avail treaty benefit for waiver of federal taxes as I was not sure regarding my return. However, for the current year I have to file as resident alien and want to claim the treaty benefits. Please suggest how and where to file for tax return.

Not A Product Question

P

pk12_2

@aanshuman5 , from your post what I get :

(a) Entered 2022 with J visa and left the USA before completion of 2 years ----Can you provide actual dates of entry and exit ---- (J-1s two year tax exemption). Also did your visa terminate or what?

(b) Citizen of India

(c) Have you then returned back to US for the year 2024 or what ? And if so with which visa ? When exactly ? This is because you refer to "returned India before the completion of 2-year stay in the US" and then you say "for the current year I have to file as resident alien". I am confused.

While I await clarification from you , generally ( and in connection with US-India Tax treaty article 22 ) you have to file an amended return for each year you wish change. If your original returns were on 1040-NR then the amended returns would also be the same type in addition to the 1040-X.

Note -- TurboTax does not support form 1040-NR -- suggest using service like SprinTax, Tax Professional or your School Foreign Student's Services or similar.

My Ref: Amended return frequently asked questions | Internal Revenue Service

Is there more I can do for you ?

Will circle back once I hear from you --yes ?

Namaste ji

pk

A

aanshuman5Author

Yes I am an Indian citizen, entered USA in October 2022 and left in August 2024 with J1 visa as I joined a job in India. I visited US in the month of December 2024 again for 7days with B1 visa.

With these timelines still I am being classified as resident alien to file tax for the year 2024. I want to apply waiver for US-India treaty tax (already deducted from my salary during stay in US) for the year 2024 for now.

Please suggest in this reagard.

DaveF1006

Yes, your exemption period ended Dec 31, 2023 so you would be a resident alien in 2024. You can file as a Dual-Status citizen, thus using the treaty benefits to exclude your Indian income from Aug-Dec. To file. To file as a dual-status citizen, you need to purchase TurboTax software.

If you’re a resident alien who gives up residence in the U.S. during the year and are not a U.S. resident on the last day of the tax year, Form 1040-NR is your main return . Write Dual-Status Return across the top of the return. Attach an “informational statement” to your return to show the income for the part of the year you’re a resident. You can use Form 1040 as the statement, but be sure to write Dual-Status Statement across the top.

Fill out your 1040-NR. Print it.
Start filling out your 1040.
Open the 1040/1040SR Worksheet in Forms mode when you have completed the interview section of the 1040.
Scroll down to the Line 17z - Other Taxes Smart Worksheet on Schedule 2 Part II, Line 17(z) and enter the federal tax withheld from your 1040-NR.
Finish filling out your 1040. Choose to file by mail.
Print and sign your 1040. Write Dual-status Return at the top of the form.
Mail your 1040 and 1040-NR together

If you aren’t enclosing a payment, mail your return and statement to:

Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0215

If you’re enclosing a payment, mail your return and statement to:

Internal Revenue Service
P.O. Box 1303
Charlotte, NC 28201-1303

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