April 15th is the annual deadline to file income tax returns in the United States. On that date taxes are reported for the previous calendar year (January 1st through December 31st).
Please determine which one you are before filing your Federal and State taxes.
Note: Residency for tax purposes is different from residency for immigration purposes. Residency for tax purposes determines how you are taxed. This will not affect your ability to stay in the U.S., or affect any activities you can do while you are in the U.S.
Example: You were physically present in the United States on 120 days in each of the years 2007, 2008, and 2009. To determine if you meet the substantial presence test for 2009, count the full 120 days of presence in 2009, 40 days in 2008 (1/3 of 120), and 20 days in 2007 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2009.
Substantial Presence Test: www.irs.gov/businesses/small/international/article/0,,id=96352,00.html
There are two separate filings: Federal and State. Please make sure you file the correct forms to each place.
Federal Taxes:
IRS forms: www.irs.gov/businesses/small/international/article/0,,id=129394,00.html
- Form 8843 – Must be filed by ALL international students present in United States to exclude the days of presence from the Substantial Presence Test. Complete just Parts I and III.
Important note: must file this form even if you did not work.- Form 1040NR-EZ or 1040NR– Must be filed by all international students who have received any type of U.S. income other than interest received from U.S. banks and credit unions.
Instructions for Form 1040NR-EZ: www.irs.gov/instructions/i1040nre/ch02.htmlNote: Cannot use e-file (electronic filing)
State Taxes:
California Franchise Tax Board Forms: www.ftb.ca.gov/forms/search/index.aspx
- Form 540NR (long or short)
- It helps if the 1040NR is completed before working on the 540NR.
- Forms are also due on April 15th.
Federal Taxes:
IRS forms: www.irs.gov/formspubs
- Form 1040EZ, 1040A, or 1040
- 8843 is NOT required
- E-filing is an option
- Standard deduction vs. itemized
- Take which type is the highest in dollar amount
State Taxes:
California Franchise Tax Board Forms: www.ftb.ca.gov/forms/search/index.aspx
- Form 5402EZ, 540A, or 540
- It helps if the 1040 is completed before working on the 540.
- Forms are also due on April 15
- Your only U.S. income consists of payments of personal services, including wages, and the total for 2010 is less than $3,600. (Please check correct amount for each year)
- You are a student, teacher, or trainee; your immigration status is either F, J, M, or Q and you have none of the following:
(Generally)
- Wages
- Taxable interest or dividends
- Capital gains and losses
- Rental income
- And a host of others (unemployment, gambling winnings, royalties, etc)
Certain employees may not be subject to FICA (Social Security tax) when employed. To qualify for a FICA exemption, the individual must meet the criteria set in either IRC Section 3121(b)(10) or 3121(b)(10).
IRC Section 3121(b)(10): A student who works for a school at which he or she is enrolled and regularly attends classes is exempt from FICA tax. This section applies to both nonresident aliens and U.S. residents for income tax purposes.
IRC Section 3121(b)(19): The individual has to be a nonresident alien for tax purposes, present under the United States under an F, J, M, or Q immigration status. The services must be performed in accordance to the purpose of the visa holder.
How to get a Refund of Taxes Withheld in Error
The first step is to attempt to get a refund of FICA from your employer. If you are unable to get the tax refunded, follow these steps as prescribed by IRS Publication 519:
The International Center will conduct an income tax presentation for international students prior to the April 15th filing date. See calendar for dates.
Note: The university cannot be anyone’s tax adviser or provide legal advice.