Hi, this question has my CPA stumped. My girlfriend is a resident of the Slovak Republic. 2012 was the 4th summer she came to the US under J-1 visa to live and work for approx. 120 days. In previous years Zuzana utilized the tax service, Taxback, which acted in her name and was able to issue her tax refund to her. Since becoming involved with me, Zuzana decided to use my CPA to file her taxes for the year 2012. Because she paid federal and state income taxes from her paycheck in 2012 she expected a refund like years prior.

My question is this, under what section of the law is Zuzana, resident of Slovak Republic, exempt from taxes ? Is it a tax treaty ? We thought form 8843 exempted her, but that is only for FICA taxes.

We are having difficulty discovering why she received a refund in years prior, but not for 2012.

My question is this, under what section of the law is Zuzana, resident of Slovak Republic, exempt from taxes ?========>>>>>>> Everyone on J1 visa is exempt from residency for 2 years. J1 students are exempt for 5 years;so,she needs to get refund on her fica taxes paid from her paycheck; during the exempt period, her income is not subject to FICA taxes and she must file non-resident tax return Form 1040NR or 1040NR-EZ.to claim a refund, she must contact the employer who withheld the tax for assistance. She needs tell the employer to issue a refund and correct their Form 941 Employment Tax Return for the quarter(s) in question. If the employer is unable or unwilling to provide a refund, Form 843 must be submitted no later than three years after the return was filed or two years after the taxes were paid, whichever is later. She is a J1 visa holder she also needs to complete Form 8316

aJ1 students still need to pay taxes. They are not not subject to such taxes as Medicare, Social Security, or Unemployment, so she indeed needs to get her taxes back, she will need to contact the IRS.gov directly, otherwise it's going to be difficult getting her taxes back

Is it a tax treaty ?======>>>>>>>>actually I guess it is not tax treaty but it is US tax law;IRC;pub519

We thought form 8843 exempted her, but that is only for FICA taxes.======>>>>>>>>> Earnings from J-1 employment, including income from assistantships, are usually subject to federal, state, and local income taxes. All J-1 and J-2 non-immigrants must file an income tax statement ,IRS Form 8843, regardless of age or income earned in the U.S. For J-1 status individuals and their dependents with no income from U.S. sources, Form 8843 is due on or before June 15 for the prior calendar year. J-2 dependents who are employed in the U.S. are subject to federal income taxes and must file the appropriate federal income tax return and pay the appropriate taxes. If she were in the U.S. even 1 day in everyyear, she must file Form 8843.

We are having difficulty discovering why she received a refund in years prior, but not for 2012.======>>>>>>>.. she is also subject to tax refund for her 2012 return as 2012 was her fourth year in US.

My question is this, under what section of the law is Zuzana, resident of Slovak Republic, exempt from taxes ?======== >>>>>>>>>Everyone on J1 visa is exempt from residency for 2 years. J1 students are exempt for 5 years;so,she needs to get refund on her fica taxes paid from her paycheck; during the exempt period, her income is not subject to FICA taxes and she must file non-resident tax return Form 1040NR or 1040NR-EZ.to claim a refund, she must contact the employer who withheld the tax for assistance. She needs tell the employer to issue a refund and correct their Form 941 Employment Tax Return for the quarter(s) in question. If the employer is unable or unwilling to provide a refund, Form 843 must be submitted no later than three years after the return was filed or two years after the taxes were paid, whichever is later. She is a J1 visa holder she also needs to complete Form 8316

aJ1 students still need to pay taxes. They are not not subject to such taxes as Medicare, Social Security, or Unemployment, so she indeed needs to get her taxes back, she will need to contact the IRS.gov directly, otherwise it's going to be difficult getting her taxes back

Is it a tax treaty ?======>>>>>>>>>>>>actually I guess it is not tax treaty but it is US tax law;IRC;pub519

We thought form 8843 exempted her, but that is only for FICA taxes.======>>>>>>>> Earnings from J-1 employment, including income from assistantships, are usually subject to federal, state, and local income taxes. All J-1 and J-2 non-immigrants must file an income tax statement ,IRS Form 8843, regardless of age or income earned in the U.S. For J-1 status individuals and their dependents with no income from U.S. sources, Form 8843 is due on or before June 15 for the prior calendar year. J-2 dependents who are employed in the U.S. are subject to federal income taxes and must file the appropriate federal income tax return and pay the appropriate taxes. If she were in the U.S. even 1 day in everyyear, she must file Form 8843.

We are having difficulty discovering why she received a refund in years prior, but not for 2012.=>>>>>>>.. she is also subject to tax refund for her 2012 return as 2012 was her fourth year in US.

Thank you for your response. It has been helpful !

Thanks wnhough for the reply
your answer helped my friend who is having somewhat same issues as prayforsurf0.

GREAT HAVE A GOODDAY