Frequently Asked Tax Questions 2014 Tax Filing Season

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1 Frequently Asked Tax Questions 2014 Tax Filing Season Q. How do I determine if I am a resident alien for tax purposes? A. F-1, J-1, M or Q students are considered non-residents for tax purposes for their first five years in the United States on a student visa. For J-1 scholars this period is two years. (Note that partial years count as full years for this calculation.) After this period the substantial presence test must be applied to determine residency for tax purposes. The Substantial Presence Test (SPT) is used to determine if an individual who has been in the U.S. for all or part of more than 5 calendar years as a student or more than 2 calendar years as a scholar is a resident alien for U.S. tax purposes. To pass the SPT and thus be considered a resident alien for tax purposes, an alien must at least: 1. be physically present in the United States for 31 days in the tax year, and 2. be physically present in the United States for 183 days during the 3-year period consisting of the tax year and the 2 immediately prior years. The 183 days are calculated as follows: all days of presence in the current tax year plus 1/3 of days of presence in the year immediately before the current year plus 1/6 of all days of presence in the year before that. If this total is 183 or greater, you are a resident for tax purposes and can file the same tax forms as a U.S. citizen. Remember that F and J students can use the Substantial Presence Test only after 5 years in the U.S. J scholars can use the SPT only after 2 years in the U.S. GLACIER Tax Prep will calculate your tax residency status for you!!! Q. What is GLACIER Tax Prep? A. GLACIER Tax Prep is a free professional tax preparation program that prepares nonresident Federal (U.S. government) tax returns. GLACIER Tax Prep is used by Iowa State University and many institutions across the United States. International students and scholars will receive access information for GLACIER Tax Prep via their ISU account around February 15 th.

2 Q. When is my tax return due? A. Federal (U.S. government) tax returns are due by April 15, State of Iowa tax returns are due by April 30, Q. When will I receive my W-2 or 1042-S? A. Form W-2 is a summary of total wages earned in the U.S. and taxes withheld for the calendar year. Employers will distribute Forms W-2 on or before Jan 31 st. Form 1042-S summarizes taxable scholarships and fellowships. Schools and sponsors mail the Form 1042-S in early February. If you are employed by Iowa State University your Form W-2 for 2014 is now available online through the Employee tab in AccessPlus. Q. I am on scholarship. What is my tax obligation? A. If your scholarship is from sources inside the United States, the portion of your scholarship used for room and board as well as for other non-educational expenses is taxed at a flat rate of 14% (or 30% if you have no U.S. Social Security Number). Individuals from countries with which the U.S. has negotiated tax treaties may be able to reduce the amount of tax on their scholarships. The portion of your U.S. scholarship granted and used to pay tuition and required fees is exempt from U.S. tax. You will receive Form 1042-S from your sponsor to report the taxable portion of your scholarship. If you are a nonresident for tax purposes and your scholarship is provided by an entity outside the United States you will not pay taxes to the U.S. on any part of your scholarship. Check with your sponsor to determine if you have any U.S. tax obligations on your scholarship. Q. What is a tax treaty and how do I determine if I am eligible? A. The U.S. has negotiated tax treaties with many countries of the world. If you are a resident of a country that has a tax treaty with the U.S., you may be eligible to reduce or eliminate U.S. tax on your income. If you are eligible for a tax treaty benefit, you must file Form 8233 with your employer every year. More tax treaty information can be found here and here:

3 Q. My employer has deducted taxes from my paychecks. Do I still need to file a tax return? A. Yes. All nonresidents must file a tax return each year they are in the United States. The law requires U.S. employers to withhold a standard percentage of tax from each employee and to pay that tax to the U.S. government. Individuals must file a tax return at the end of each year to determine whether they owe additional taxes or to request a refund from the U.S. government if their employer deducted too much tax during the year. Q. What is the purpose of Form W-2? A. Form W-2 shows how much you earned from working during the year. It also shows how much tax you have paid during that same year. You must receive Form W-2 from each U.S. employer for whom you worked during the year. You need the information from all your Forms W-2 to complete your annual tax return and must attach a copy of each W-2 to your tax return. Enter your W-2 information into GLACIER Tax Prep and it will prepare the necessary forms for you. If you did not work in the United States during the year or if all of your income was exempt under a tax treaty, you will not receive Form W-2. If you worked in the U.S. but have not received Form(s) W-2 by February 1 st, contact your employer(s) to request a copy. Q. I received Form 1042-S but no Form W-2. What should I do? A. Form 1042-S is used by Iowa State University and other sponsors to report taxable scholarships and income exempt from tax under a tax treaty. You need the information from your Form 1042-S to complete your annual tax return and must attach a copy of the 1042-S to your tax return form. Enter your 1042-S information into GLACIER Tax Prep and it will prepare the necessary forms for you. If you did not work in the United States during the year or if all of your income was exempt under a tax treaty, you will not receive Form W-2. If you worked in the U.S. but have not received Form W-2 by February 1 st, contact your employer(s) to request a copy. Q. I did not work in the United States this year and had no scholarship from U.S. sources. What should I do? A. If you are a nonresident who was present in the U.S. in F or J immigration status during the year but had no U.S. source income, you must file Form GLACIER Tax Prep will assist you with this form. All nonresident F and J international students and scholars must file Form 8843, even if they had no income for the year. Dependents

4 in F-2 and J-2 status must also file Form Q. I arrived in the U.S. this December, and I didn't work. Do I still have to file Form 8843? A. Yes. If you were in the U.S. in F or J status for even 1 day during the tax year, you must file Form 8843 for that year. Q. I did not earn very much money. Do I still have to file a tax return? A. If you earned less than $3,950 in 2014 you are not required to file a full tax return (but everyone in F or J status must still file Form 8843). However, if your employer deducted any taxes from your paycheck during the year you must file Form 1040NR-EZ or Form 1040NR to request a refund of these taxes from the U.S. government. You must also file Form 8843 regardless of how much you earned. Q. Which tax form do I use? A. Generally, international students and scholars use form 1040NR-EZ or 1040NR for their Federal (U.S. government) taxes. "NR" means nonresident for tax purposes. Individuals who are residents for tax purposes use the same 1040 forms as U.S. citizens. GLACIER Tax prep will determine which form you need to use. All nonresident F and J international students and scholars must file Form 8843, even if they had no income for the year. Q. May I file my tax forms electronically? A. No. Nonresident tax returns must be printed, signed, and mailed to the government. Q. Where do I mail my tax return? A. If you are due a refund or owe no additional tax, Forms 1040NR-EZ, 1040NR, and 8843 are mailed to: Department of the Treasury Internal Revenue Service Austin, Texas If you owe additional tax, Forms 1040NR-EZ, 1040NR, and 8843 are mailed to: Internal Revenue Service P.O. Box 1303 Charlotte, North Carolina

5 State tax forms should be mailed to the address indicated on the tax form instructions for the State(s) in which you worked during the year. Q. I owe additional tax for the year. How can I pay? A. You may prepare and mail a paper check with your tax return. You may also pay online or by phone. For more information please see Q. What if I am married to a U.S. citizen, legal permanent resident or someone who has met the Substantial Presence Test? A. A nonresident alien who does not meet the Substantial Presence Test and does not have a green card may choose to be treated as a resident for tax purposes if the nonresident is married to a U.S. citizen, legal permanent resident, or someone who has passed the Substantial Presence Test. This choice can be made if: 1. at the end of the year, one spouse is a nonresident alien and the other is a U.S. citizen or resident, and 2. both spouses agree to file a joint return and to treat the non-resident alien as a resident alien for the entire tax year. To make the election, the married couple must attach a statement to the joint tax return that is filed for the year. The statement should contain the following information: 1. A declaration that one spouse was a nonresident alien and the other spouse was a U.S. citizen or resident on the last day of the tax year, and that they choose to be treated as U.S. residents for the entire tax year, and 2. Each spouse's name, address, and taxpayer identification number. Remember that tax residents must pay tax to the United States on their total worldwide income. Nonresidents pay tax to the U.S. only on income earned in the U.S. Q. What is a dual-status alien? A. A dual-status alien is a person who is both a resident alien and a nonresident alien for tax purposes during the same tax year. This usually occurs in the year a person arrives in the United States or leaves the United States. It may also occur if a person's residency status changes during the year. Tax returns for dual-status aliens are generally more complicated. Please speak with a tax advisor for assistance.

6 Q. My young children live with me and one was born in the U.S. Can I claim the Child Care Tax Credit? A. Usually not. Only those students and scholars in nonresident tax status from one of the countries that can claim dependents (Mexico, Canada, South Korea, and Indian students) under tax treaties are eligible for the Child Care Tax Credit. Q. What happens if I do not file a tax return? A. If you do not owe any additional tax, the Internal Revenue Service (IRS) will not financially penalize you except to keep any refund you would have received had you filed your return. However, the terms of your visa require that you stay in compliance with all laws of the United States, including income tax filing. If you want to apply for permanent residence in the U.S. at a later date you may be asked to prove that you have complied with all tax laws. If you are a nonresident with income protected by a treaty or have income from outside the U.S. and fail to file a return, both your treatyprotected and foreign-source income become subject to U.S. tax. If you owe additional tax for the year, you must file a tax return and pay those taxes on time to avoid late fees. The IRS charges substantial interest and penalties on past due taxes. Failure to follow tax rules can also have far-reaching legal consequences. Q. My friend filed Form 1040 and received a larger refund. Can I do that, too? A. Not legally. If you are a nonresident alien you must file 1040NR-EZ or 1040NR. Failure to file the correct form is tax fraud and can place your immigration status in jeopardy. The additional money you might receive is not worth the legal and financial trouble. Q. I am a nonresident alien and my employer withheld FICA taxes from my paycheck. Can I get a refund? A. F-1 and J-1 nonresident aliens are exempt from FICA (Social Security and Medicare) taxes on wages earned from legal employment in the United States. If your employer withheld FICA taxes in error, you can request a refund. The law requires that you first ask your employer for a refund of the FICA taxes. If your employer cannot help you, file Forms 843 and 8316 with the IRS to request a refund from the government. Attach the following to Form 843: 1. A copy of the Form W-2 showing FICA taxes withheld 2. A copy of your I A copy of your most recent entry visa

7 4. Completed Form A copy of Form 1040NR-EZ or 1040NR filed for the year in which the FICA was withheld 6. A copy of your I-20 or DS A copy of your Employment Authorization Document (if applicable) 8. If your visa status has changed in the past year attach any USCIS Approval Notices Mail your claim to: Department of the Treasury Internal Revenue Service Center Ogden, Utah More information about Form 843 and Form 8316 can be found on the IRS Website here: or contact a tax advisor for assistance. Note that wages earned by those in J-2 status are not exempt from FICA taxes. Q. How do I prepare my State taxes? A. Tax forms and regulations vary from State to State. In Iowa you will use Form IA1040 to file your state tax return. Guidance on Iowa tax return preparation is available elsewhere on this Website. Q. I worked in another state for part of the year, what do I need to do? A. In addition to your Federal tax return you must complete a tax return for each U.S. State in which you worked during the year. (Exceptions are Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming which have no State income tax.) If you worked in both Iowa and another State during the year, you must complete Form IA1040 and attach an IA Form 126 or IA Form 130 depending on your situation. You'll need to file similar part-year resident forms for the other State(s) where you worked during the year. Multiple State tax returns can become complicated because you must report total income earned during the year to both States then calculate a prorated amount of tax applicable to the earnings from each State. If you need assistance please contact a tax advisor. Q. My American friend told me something different than what is written here. Which is correct? A. Do not go to your American friends for tax advice. Chances are they do not understand that the rules for non-residents are different from the rules that apply to them. Although their advice is well intended, it is often misguided. Please contact a tax advisor for assistance.