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답변일
3/8/2012 2:06:37 PM
“2010년 1월부터 2011년 1월까지 재학 중인 학교에서 일을 하였습니다. 11년 초에 W-2 를 받아 터보택스를 통해 세금보고를 하고 리턴을 받았습니다.”---> Did you file 1040 in lieu of 1040NR/1040NR-EZ??? I guess you, as a non-US person,must file 1040NR/1040NR-EZ.You cannot efile a 1040NR. It must be mailed in. You, as a F1/J1 visa holder, are exempt from FICA Taxes for five years, and of course you are STILL subject to US taxes , both federal and state(maybe even local) tax on your OPR/CPT income. As a F1 you are exempt from Social Security and Medicare, only for up to 5 years. From the Sixth year, in F1 you have to pay Social Security and Medicare Taxes and need to file 1040 as a US person for tax purposes under the US Tax law. If the total sum of your U.S. source income was less than the personal exemption ($3,700 for 2011 as single) you are not required to file IRS Form 1040NR-EZ or Form 1040NR. However, if you had any taxes withheld, you should file IRS Form 1040NR-EZ or Form 1040NR to get a refund of these taxes and you must still file Form 8843.If you are married, then you, as a Korean national, can claim exemptions for your dependents ; Only students & scholars from certain countries can claim exemptions for their dependents (Mexico, Canada, Korea, Japan. and India.). Since you are from Korea which has a tax treaty with the U.S., or if you received a U.S. based scholarship or fellowship, you may also receive Form 1042-S from Payroll. This form is generally mailed about 1 month later than Form W-2 and you will need to have both forms before you can file.
“합법적인 보고/리턴이었는지 확인하고 싶습니다.”--->As said, you must file IRS Form 8843& 1040NR. Your dependents in F-2 and J-2 status must also file Form 8843;even If you were in the U.S. even 1 day in 2010/2011, you must file Form 8843.You, as a Non-resident alien, can not claim the AOC or Tuition Tax Credit or the Earned Income Credit. Once you qualify to file as a resident alien for tax purposes, you may be eligible to claim these credits.
“합법적인 보고/리턴이었는지 확인하고 싶습니다.”--->As said, you must file IRS Form 8843& 1040NR. Your dependents in F-2 and J-2 status must also file Form 8843;even If you were in the U.S. even 1 day in 2010/2011, you must file Form 8843.You, as a Non-resident alien, can not claim the AOC or Tuition Tax Credit or the Earned Income Credit. Once you qualify to file as a resident alien for tax purposes, you may be eligible to claim these credits.
