I am a post doc student and a citizen of Russia, performing research in the U.S. on a J-1 visa. Am I eligible for full exemption of tax under U.S./Russian tax treaty Article 18?
• I am teaching and doing research at a university in California, visiting the U.S. on an H1-b visa from my home country. I can claim an exemption from federal income tax under my country’s tax treaty with the U.S. However, the university is withholding social security and Medicare tax on my exempt income, in addition to state income tax. Will I get a refund of this withholding when I file my tax return? Question: Is my residency status for tax purposes the same as my immigration status? Answer: Your residency status for tax purposes is completely separate from your designation for immigration purposes. You might qualify as a resident for tax purposes while remaining a nonimmigrant alien for immigration purposes. If you are present in the U.S. on a temporary visa, you might be a resident alien for tax purposes, a non-resident alien, a non-resident alien who is eligible to elect to be taxed as a resident, or a dual-status alien. Ref: Your Residency Status. Back to top.
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