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  #1 (permalink)  
Old 03-02-2009, 11:08 PM
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Join Date: Aug 2008
Posts: 5
Question Transition from H1B Tax Treaty Exemption to Green Card

I am a UK citizen who is employed at a US university. I was previously on an H1B visa (a few weeks ago). While on the H1B visa, both payroll and the University's International Office determined that I was eligible to claim a tax treaty exemption. I was exempt from Federal and State taxes from November 2007 up until a few weeks ago. This is because I recently got my Green Card (through marriage to a US citizen). I fully understand that the tax treaty exemption no longer applies to me and that I need to pay taxes. My question is do I have to start paying full taxes right away or can I wait until the beginning of the new tax year (next year)? In other words, will the taxes have to be deducted from my next pay check? I cannot afford this at the moment and if it is acceptable to pay the tax as a lump sum at the end of the tax year, I would prefer this option. Please advise. Thanks in advance.

Last edited by alexis69; 03-02-2009 at 11:16 PM.
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  #2 (permalink)  
Old 03-03-2009, 06:59 PM
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Default Greencard - H1B Tax - F1 Tax Treaty

Did you get your Greencard on or before Dec 31, 2008?
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Old 03-03-2009, 07:11 PM
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Yes, you DO start paying taxes right away by withholding taxes from your salary. That is the legal requirement that your employer's ppayroll department must implement.
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Old 03-03-2009, 11:44 PM
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Quote:
Originally Posted by Visa Taxes Expert View Post
Did you get your Greencard on or before Dec 31, 2008?
I got my Greencard after Dec 31, 2008
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  #5 (permalink)  
Old 03-04-2009, 12:39 AM
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Join Date: Jan 2008
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Default J1 Tax Exemption - J1 H1B Tax Return - J1 Tax Treaty

As a Greencard holder, your exemption ends. You are taxes as a US Citizen.

Since on Dec 31, 2008 you are on H1B and prior to that on J1.

So for the year 2008, File Form 1040NR and Form 8843.

For your time as a H1B, pay FICA Taxes.

Contact us at taxexpert@visataxes.com for our tax preparation services.
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