Indian on L-1B Visa-In US since Oct-07 (Tax Return Issues) – Money & Services


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I have been in the US on an L-1B (Employment) Visa since Oct-end 2007. I realize that I would be a “non-resident alien” for tax purposes. I have 2 issues:
1). I used the Turbotax online system and e-filed my returns. It automatically got me the 1040EZ federal return and IT-203 for NY state (part-year resident) return. I learnt later that the 1040NR-EZ is the appropriate return for me. Since I have already filed in 1040EZ will it create any issues.
I have claimed Standard Deduction (5350 for year 2007) and personal exemption (3500 for year 2007) which would still have been the case had I opted for the correct form. I am from India and the tax treaty suggests that Standard Deduction is permissible even for “non-resident aliens” in addition to the personal exemption (I think Article 21(2) of the Treaty). Would I need to file an amended return in this case.

2). Secondly, since I am on an L-1B Visa, my company deducts Social Security and Medicare Taxes in every paycheck. Is this amount refundable in my case. I heard from some friends that unlike in case of an H-1B Visa, L-1B visa holders can get their retirement benefits refunded.



1) Actually, you are NOT eligible to claim the standard deduction, because that is only for J-1 and F-1 visa holders. As a L-1B visa holder, you CANNOT claim the standard deduction.

2) The “L” visa is considered to be a work visa, and the holders of such visas ARE liable for Social Security and Medicare Taxes.

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