3 months on L1 in 2010, can I still file my returns and get a tax refund?

[Aby11]

Hi,

I worked in the US (Redmond, WA) on an L1 visa for 3 months in 2010 before leaving. This has been my only period of stay in the US.

I hadn't filed my IT returns then. Could you please advice if I would still be able to file my returns and be eligible for a tax refund as I understand. If so, how do I go about the same from outside the US?

Total wages earned: $12689.40 and federal income tax withheld - $2098.95

Any help will be appreciated. Many thanks.

Abhi

[raghvi]

Hi,

I worked in the US (Redmond, WA) on an L1 visa for 3 months in 2010 before leaving. This has been my only period of stay in the US.

I hadn't filed my IT returns then. Could you please advice if I would still be able to file my returns and be eligible for a tax refund as I understand. If so, how do I go about the same from outside the US?

Total wages earned: $12689.40 and federal income tax withheld - $2098.95

Any help will be appreciated. Many thanks.

Abhi

You may be eligible for a full refund.

You can take help of any online tax preparer. But I believe IRS doesnt accept e-filing fr prior periods. You would have to take the print out sign it and send to IRS.

I believe the deadline is 15th April 2014.

This is my opinion not legal advice.

[Aby11]

You may be eligible for a full refund.

You can take help of any online tax preparer. But I believe IRS doesnt accept e-filing fr prior periods. You would have to take the print out sign it and send to IRS.

I believe the deadline is 15th April 2014.

This is my opinion not legal advice.

Raghvi, much appreciate the speedy response!

As pointed, I plan to apply using the 1040nr-ez form (since I had no other income apart from salary, nor dependents). I didn't find any online preparers, so will have to mail via post as you opined.

If I may also ask, would Medicare and Social Security deductions be eligible for refund? Info I came across seemed ambiguous.

Looking forward to some guidance. Thanks again.

[raghvi]

I dont think Social and Medicare are refundable.If you contribute to Social for 40 quarters, you become eligible for retirement benefits at some point past age 62. If India had an agreement with US in terms of Social Security Repatriation it might be possible, but thats currently not the case.

This is my opinion not legal advice.

[Aby11]

Thanks Raghvi, that clarifies.

Now if only I could be thrice lucky with another follow up...

[The query is in relation, so I hope its Ok not to have started another thread]

since my tax situation is for the tax year 2010/11 (or the 2011 filing season) I believe I need to use that year's (2010)'s form- plan to use 1040 NR-EZ

2 queries within the form -

1. Can I provide my current Indian address as mailing address? I did not notify change in address upon leaving. Is it Ok?

Per IRS website, I was supposed to notify IRS before leaving the country and receive a "Departing Alien Clearance (Sailing Permit)". For which I needed to submit:
- Form 1040C, U.S. Departing Alien Income Tax Return or
- Form 2063, U.S. Departing Alien Income Tax Statement and Annual Certificate of Compliance before leaving.


2. What should i mention in section requiring my visa status AS ON April 15 2011 (last day of financial year):

My L1 visa duration on passport was until Aug 2013. However, I entered US on 1st Oct 2010 and left US on 3rd Jan 2011.
Therefore what should I mention in this section -
"L1" OR " No Visa/not present in U.S, No immigration status"


Sorry for not being brief. Request possible help.

Many thanks, abhi

[raghvi]

Sorry, cant help you with that, would advise talking to an Tax expert, if no one else in the forum can respond timely.

[Aby11]

Sorry, cant help you with that, would advise talking to an Tax expert, if no one else in the forum can respond timely.

Thanks Raghvi, for all help thus far. I am awaiting information from a tax expert