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Tax implications for J1 CFII


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Quick answer for you...

 

1) It depends if your home country has a 'Totalization Agreement' with US.

 

2) I think (my opinion) that normally Social Security and Medicare Taxes are 'withheld in error' for J1 students and therefore should be refundable. This is becuase normally on a J1, I think you are a non-resident alien. Also, one of the requirements of the J1 visa is that you have medical insurance.

 

I had done a lot of research on this, and still have my application for a refund being processed by the IRS.

 

Here's a link that might help you.

 

IRS Document - Social Security and Medicare Taxes

 

What I can tell you is keep 'everything'. Every payment form, W-2 form, immigration stamp, DS2019 etc..etc... If you are going to persue your refund, you need all of these documents. Then you need to fill out about 50 million forms, write 30 million letters and send it all off to IRS!

 

It takes ages to do all the research and get all the documents and evidence together. One mistake in your paperwork takes 6 months! ...especially if you are overseas while it is processing.

 

Well, even my quick answer takes half a page! An illustration of how bloody complicated this subject is.

 

Good luck!

 

Joker

 

Here's an extract from the IRS document.

 

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. 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 your visa.

 

Form I-94 (Arrival-Departure Record).

 

If you have an F-1 visa, Form I-20.

 

If you have a J-1 visa, Form DS-2019.

 

If you are engaged in optional practical training, Form I-766 or Form I-688B.

 

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 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 or on Form 8316 claiming your employer will not issue the refund.

 

 

File Form 843 (with attachments) with the IRS office where your employer's returns were filed. If you do not know where your employer's returns were filed, file Form 843 with the Internal Revenue Service Center, Philadelphia, PA 19255.

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