J1 are not entitled to federal tax refund anymore?

[wtrav 34]

Is it true that J1 applicants will no longer be able to file for federal tax refund? There have been rumours but I couldn't find any official source that states that.

[Cyberfx1024 7,978]

17 minutes ago, wtrav said:

Is it true that J1 applicants will no longer be able to file for federal tax refund? There have been rumours but I couldn't find any official source that states that.

Where have you heard this? I have not heard this at all. If you can't find any actual sources about this other than rumors then don't believe it.

[wtrav 34]

People working in Work and Travel agencies in my country tell that to students that were on WAT program. They also provide tax refund services.

 

Edited October 7, 2018 by wtrav

[solakbeyi 2]

Yes, It is true. Trump's new Tax cuts and jobs act removed those rights to use personal exemptions completely for the people who is not a US resident. 

 

J1, F1 students considered under this category. So there won't be a tax refund for Federal taxes. Only tax return you can get are from State taxes if you paid. 

 

Sincerely

[Efiavi 0]

On 10/7/2018 at 9:12 AM, Cyberfx1024 said:

Where have you heard this? I have not heard this at all. If you can't find any actual sources about this other than rumors then don't believe it.

IRS does not count this.
Any person who can work in the US and who meets physical presence test can file tax as US resident - only for tax purpose. It's called: Substantial Presence Test (IRS)
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test.
This how it reads:

"You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2012, 2013, and 2014. To determine if you meet the substantial presence test for 2014, count the full 120 days of presence in 2014, 40 days in 2013 (1/3 of 120), and 20 days in 2012 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2014."

[Cyberfx1024 7,978]

6 hours ago, Efiavi said:

IRS does not count this.
Any person who can work in the US and who meets physical presence test can file tax as US resident - only for tax purpose. It's called: Substantial Presence Test (IRS)
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test.
This how it reads:

"You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2012, 2013, and 2014. To determine if you meet the substantial presence test for 2014, count the full 120 days of presence in 2014, 40 days in 2013 (1/3 of 120), and 20 days in 2012 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2014."

So my comment was correct which I already knew that to be the case. I just asked for clarification from the OP saying that J1 visa holders do not have to file taxes, which I know  that to be false.

[solakbeyi 2]

On 12/27/2018 at 9:26 AM, Cyberfx1024 said:

So my comment was correct which I already knew that to be the case. I just asked for clarification from the OP saying that J1 visa holders do not have to file taxes, which I know  that to be false.

J1 Holders have to file taxes however from this year they cannot get Federal taxes back. 

[Katalena 0]

On 10/7/2018 at 6:12 AM, Cyberfx1024 said:

Where have you heard this? I have not heard this at all. If you can't find any actual sources about this other than rumors then don't believe it.

It is true,I was denied my tax return from last year.The letter came in through mail 

[SusieQQQ 11,585]

If you can ignore the advertising, this explains it quite well. Summary all j1 visa holders required to file tax return, personal exemption (= refund) reduced to $0 from last year through 2025.

 

https://www.taxback.com/blog/us-tax-has-changed-for-j-1-students-heres-what-you-need-to-know

[JWaiver_2019 21]

J1 visa has two categories: 

 

1) J1 Student 

2) J1 Research Scholar

 

J1 Research scholars may experience different situation. They are considered as US resident for tax purpose after 2 years, if they can pass Substantial Presence Test during the third year, and can get refund by submitting 1040 instead of 1040nr. Also, can submit taxes using TurboTax instead of Sprintax. So, I thought to add this missing piece in this thread for information and some clarifications.

But during the first two years, yes, what has been discussed in this thread, is applied to J1 research scholars as well. No personal exemption any more.

 

Hope this is helpful!