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International Students and Scholars Tax Seminar #2 Note: This workshop will explain only the basic rules of resident income tax filing.

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Presentation on theme: "International Students and Scholars Tax Seminar #2 Note: This workshop will explain only the basic rules of resident income tax filing."— Presentation transcript:

1 International Students and Scholars Tax Seminar #2 Note: This workshop will explain only the basic rules of resident income tax filing.

2 Income Tax Workshop for “Resident Aliens”

3 These guidelines are for students on F-1 or J-1 visas who have been in the U.S. for 5+ years These are also for scholars on J-1 visas who have been in the U.S. for 2 +- years out of the last 6 years. These are also for employees on H-1B visas. Please Note: SPRING 2014

4 The taxation agency of the U.S. Government to which you - File your personal Income Tax Return Internal Revenue Service? SPRING 2014

5 The taxation agency of the State Government to which you may need to File your personal Income Tax Return If you resided in New York State in 2011, you may need to file a NYS Income Tax Return. If you lived in another state, you may need to file that State’s Income Tax Return. If you lived in two states, you may need to file two State Income Tax Returns. State Tax Departments SPRING 2014

6 Alien: generally, any person who is not a U.S. citizen Student: person temporarily in the U.S. on an F, J, Q or M visa. Scholar: person who is not a student & who is temporarily in the U.S. on a J or Q visa. Resident or Non-Resident: refers only to one’s filing status. Basic Tax Vocabulary SPRING 2014

7 Income: wages, salaries, tips, interest, dividends, some scholarship/fellowship grants. IRS: Internal Revenue Service. Income Tax Return: statement filed (submitted) by individual taxpayer to the IRS. Basic Tax Vocabulary (contd.) SPRING 2014

8 Do I file as a Non-Resident Or Resident? SPRING 2014

9 Determination of Residency Status SPRING 2014 Do not confuse Federal Tax Residency with Immigration Permanent Residency or New York State Residency requirements for state tuition rates.

10 SPRING 2014 It is possible for an alien to have an immigration residency status that is not the same as his/her federal income tax residency status. It is also possible for the alien to have a state income tax residency that is different than his/her federal income tax residency. This lesson covers the determination of residency status for federal income tax purposes.

11 For Federal Tax purposes, foreign nationals are classified as: Resident Aliens OR Nonresident Aliens (anyone who is not a resident alien) Note: There are also “Dual Status” aliens, who are considered as residents for part of the year and nonresidents for part of the year. This topic will not be covered in the presentation. Federal Tax Residency Rules SPRING 2014

12 The following determines whether you are a resident or nonresident for federal tax purposes: 1.Green Card Test 2.Substantial Presence Test 3.Residency Through Marriage Resident or Non-Resident? SPRING 2014

13 1. Green Card Test Lawful permanent resident of the U.S. Who is a Resident? SPRING 2014

14 Your residency starting date for tax purposes is based on the date your status changed to Lawful Permanent Resident. Remember: There is no option. If you are a Lawful Permanent Resident, you are a resident for tax purposes. 1. Green Card Test SPRING 2014

15 Calculation that takes into consideration presence during the current year and two immediately preceding years. 31 days during the current year and 183 days based on a calculation that considers presence during the current year and two preceding years. 2. “Substantial Presence” Test SPRING 2014

16 A.Current year days in U.S. x 1 = ___days Must have at least 31 days in current year B.1st preceding year days in U.S. x 1/3= ___days C. 2nd preceding year days in U.S. x 1/6= ___days D. Total “Days in U.S.”A+B+C= ___days If Line D equals or exceeds 183, 183-day test is passed. Must pass both 31-day and 183-day tests. Residency Rules SPT (2-part test) SPRING 2014

17 If Line A equals or exceeds 31 days and Line D equals or exceeds 183 days, then you are a Resident Alien for federal tax purposes. If not, then you are a Nonresident Alien for federal tax purposes and do not need this workshop. Residency Rules SPT (2-part test) SPRING 2014

18 Some individuals are exempt from counting days toward the Substantial Presence Test. Days of an “EXEMPT” individual Commuter from Canada or Mexico Others (see Publication 519) Residency Rules SPT (2-part test) SPRING 2014

19 F, J, M & Q students (who have been in U.S. for less than 6 years) J & Q Scholars (who have been in U.S. for less than 3 years out of last 6 years) Note: Not exempt from taxation Who are exempt individuals? SPRING 2014

20 A nonresident spouse can be treated as a resident for tax purposes You are required to file jointly with your U.S. Citizen or U.S. Resident (for tax purposes) spouse. You must report world-wide income. 3. Residency through marriage SPRING 2014

21 If you want to remain a non-resident for tax purposes by claiming a closer connection to your country, you can if: You are present in the U.S. less than 183 days in the current year AND You have a tax home in a foreign country AND You file Form 8840 Note: There are other criteria. Please see Form 8840 instructions. Establishing a closer connection SPRING 2014

22 Residency starting date under green card test If you meet the green card test at any time during a calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day in the calendar year on which you were present in the U.S. as a Lawful Permanent Resident. Residency Starting Date SPRING 2014

23 Residency starting date under SPT Your residency starting date is generally the first day you were present in the U.S. during that calendar year. Residency Starting Date SPRING 2014

24 When both the Substantial Presence Test and Green Card Test apply, use the earlier of the two dates. Residency Starting Date SPRING 2014

25 Tax Treatment of Resident Aliens SPRING 2014

26 Are you required to file a U.S. Resident Tax Return? SPRING 2014

27 Remember SPRING 2014 Resident Aliens are taxed on worldwide income, just as U.S. Citizens are. Resident Aliens may not claim exclusions of income based on Tax Treaties (with certain exceptions stated in some tax treaties).

28 Wages, salaries and tips SPRING 2014 Amounts you receive from an employer. You should receive a Form W-2 at the end of the year. It reports the annual amount of wages you received.

29 Taxable Scholarship and Fellowship SPRING 2014 Scholarship and fellowship grants are not included in taxable income if used for tuition, fees, books, supplies and equipment required for courses AND if the student is pursuing a degree. Any portion of scholarship or fellowship received for room & board or in exchange for teaching or research is included in taxable income.

30 What is Taxable Scholarship and Fellowship SPRING 2014 You call it: Internal Revenue calls it: Non-taxable Scholarship (No work required) Tuition Waiver

31 What is Taxable Scholarship and Fellowship SPRING 2014 You call it: Internal Revenue calls it: Taxable Scholarship Room & Board Waiver

32 What is Taxable Scholarship and Fellowship SPRING 2014 You call it: Internal Revenue calls it: Taxable wagesTeaching Research asst. Stipend

33 Do you have to file? SPRING 2014 If your gross income is over the dollar amounts listed on the chart, you must file a U.S. Federal Income Tax Return. If you have overpaid taxes, you must file an income tax return in order to receive an income tax refund.

34 Filing Vocabulary SPRING 2014 Single: not married Married: married and file income together Note: U.S. recognizes marriage from U.S. states and other countries Married filing Separate: married but files income alone

35 Filing Vocabulary SPRING 2014 Head of Household: single and pays for maintenance of a home for a dependent Note: Read the rules for this status carefully before claiming it. (IRS Publication 17) Qualifying widow(er) with dependent child: able to claim this status for two years after the death of the spouse

36 2011 Filing Requirements SPRING 2014

37 Income Tax Forms SPRING 2014 Resident aliens can file Forms 1040, 1040A or 1040-EZ (See form instructions for any restrictions.)

38 More Tax Forms SPRING 2014 W-2: Wage and Tax Statement 1040 or 1040A: U.S. Resident Alien Income Tax Return 1040-EZ: U.S. Income Tax Return for certain resident aliens who have no dependents Note: See IRS Publication 17 to find the easiest form for you to file.

39 More Tax Vocabulary SPRING 2014 Withholding: U.S. income tax automatically taken from your paycheck Note: U.S. Social Security and Medicare are also taken from your paycheck.

40 Forms W-2 SPRING 2014 You could have one W-2 or more from different employers. The form was prepared by your employer and mailed to you. You do not write anything on this form. You use this form as a reference when you prepare your income tax return. When finished, you attach this form to your income tax return.

41 More Tax Vocabulary SPRING 2014 Standard Deduction: standard amount that individuals may subtract from income before calculating taxes owed. Itemized Deductions: allowable amounts that individuals may subtract from income before calculating taxes owed Examples: charitable contributions, state & local taxes withheld, etc. Note: No one can have both a standard deduction and itemized deductions. You have to choose one.

42 Standard Deduction Amount For most people under age 65 SPRING 2014 Single$ 5,800 Married Filing Joint$11,600 Married Filing Separate$ 5,800 Head of Household$ 8,500 Qualifying Widow(er)$11,600 with Dependent Child

43 More Tax Vocabulary (cont.) SPRING 2014 Personal Exemption: amount deducted from income for yourself and/or your dependents For 2011, the amount is $3,700.

44 Which residents can use Form 1040-EZ SPRING 2014 Individuals who do not claim any dependents whose taxable income is less than $100,000 who do not claim any itemized deductions who had only wages, taxable scholarship or fellowship grants, and whose taxable interest was not over $1,500 Miscellaneous other reasons (see Form 1040-EZ instructions)

45 Let’s look at the steps for completing Form 1040-EZ SPRING 2014

46 Form W2 011-00-0110 16-6000000 10,000 964 State University 345 University St Collegetown, NY 00000 KUMAR DALI 123 UNIVERSITY LANE COLLEGETOWN, NY 00000 16-6000000NY10,000240

47 Form 1040-EZ SPRING 2014 Box 1 from all W-2(s)

48 Form 1040-EZ SPRING 2014 Add all amounts in box 2 of W-2(s)

49 Form 1040-EZ SPRING 2014 Read instructions to see if you qualify (http://www.irs.gov/pub/irs-pdf/i1040ez.pdf) From Tax Table (See next page)

50 2011 tax table SPRING 2014

51 Form 1040-EZ

52 SPRING 2014 When do I file a resident income tax return? The filing deadline is April 17, 2012

53 SPRING 2014 Where do I file a Resident income tax return? Refund Due Department of the Treasury Internal Revenue Service Center Kansas City, MO 64999-0014

54 SPRING 2014 Social Security. Do I pay or am I exempt? It depends.

55 SPRING 2014 You don’t pay Social Security Tax if- You are a nonresident alien for income tax purposes You are present in the U.S on an F-1, J-1, M-1 or Q-1 visa, AND You perform services that are consistent with your U.S. visa status

56 SPRING 2014 You pay Social Security Tax when- You are a Resident Alien for income tax purposes. You are an F-1 student who has been in the U.S. for 5+ years or a J-1 scholar who has been in the U.S. for 2+ years. You hold an H1-B or TN visa. Note: You will always be subject to Social Security and Medicare Taxes (FICA) from the date of arrival.

57 SPRING 2014 Exceptions to this rule If you are a student who would otherwise be subject to Social Security and Medicare Taxes (FICA), you will be exempt from paying it if you are working at the school as a full-time student. (This exemption may start and stop periodically due to the individual’s enrollment status )

58 SPRING 2014 The exception does not apply in these cases Resident aliens who are participating in full-time Optional Practical Training should pay Social Security and Medicare Taxes (FICA) throughout their OPT work authorization period, and Students who are resident aliens and are not enrolled in 6 or more credits during summer break should pay Social Security and Medicare Taxes (FICA) during summer break.

59 SPRING 2014 For more information, call 1-800-829-1040 OR www.irs.govwww.irs.gov For help in person, visit an IRS office The closest one to Pratt is: 625 Fulton St. http://www.irs.gov/localcontacts/article/0,,id=98318,00.html

60 Web links, Forms and Publications New York State Department of taxation and finance: http://www.tax.ny.gov/ NY State form IT 203: http://www.tax.ny.gov/pdf/current_forms/it/it203_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/it/it203_fill_in.pdf Instructions: http://www.tax.ny.gov/pdf/2011/inc/it203i_2011.pdf http://www.tax.ny.gov/pdf/2011/inc/it203i_2011.pdf New Jersey State Department of Treasury: http://www.state.nj.us/treasury/taxation/ NJ State form 1040: http://www.state.nj.us/treasury/taxation/pdf/current/1040.pdf Instructions: http://www.state.nj.us/treasury/taxation/pdf/other_forms/tgi-ee/2011/10_1040.pdf Connecticut State department of Revenue Services: http://www.ct.gov/drs/taxonomy/drs_taxonomy.asp Connecticut State form CT 1040: http://www.ct.gov/drs/lib/drs/forms/2011forms/incometax/ct-1040.pdf Instructions: http://www.ct.gov/drs/lib/drs/forms/2011forms/incometax/ct-1040booklet.pdf SPRING 2014

61 Thank You


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