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Results 1 to 10 of 10

Thread: F1 Visa Overstay and taxes

  1. #1
    Hi, I have a friend who asked to post this, since his English is not very good.

    He has overstayed his F1 student visa for about 7 months. On top of that, he used
    his student's Social Security Number to work six weeks delivering pizza. Furthermore,
    he has not worked for the rest of the year, since his parents sent him 2000$ a month.

    Now he received by mail the 2008 W-2 form containing information about taxes, wages, tips, etc...

    What should he do related to taxes? Is it mandatory? What if he doesn't declare them?

    Thanks in advance.

  2. #2
    Hi, I have a friend who asked to post this, since his English is not very good.

    He has overstayed his F1 student visa for about 7 months. On top of that, he used
    his student's Social Security Number to work six weeks delivering pizza. Furthermore,
    he has not worked for the rest of the year, since his parents sent him 2000$ a month.

    Now he received by mail the 2008 W-2 form containing information about taxes, wages, tips, etc...

    What should he do related to taxes? Is it mandatory? What if he doesn't declare them?

    Thanks in advance.

  3. #3
    Jack: Your friend sounds like a real winner...NOT!

    You assert that your friend's English isn't very good, yet he was an F-1 student who had to have English-language competency.

    As far as his taxes are concerned, both you and he already know the answer to your question. You're simply here looking for some open-borders apologist to tell you that, as an illegal alien, your friend is obviously a "victim" and that it's America's fault that he's a liar and a cheat.

    It's time for your unethical, visa-cheating, illegal alien friend to return to his country of origin...and the sooner the better.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jack8:
    Hi, I have a friend who asked to post this, since his English is not very good.

    He has overstayed his F1 student visa for about 7 months. On top of that, he used
    his student's Social Security Number to work six weeks delivering pizza. Furthermore,
    he has not worked for the rest of the year, since his parents sent him 2000$ a month.

    Now he received by mail the 2008 W-2 form containing information about taxes, wages, tips, etc...

    What should he do related to taxes? Is it mandatory? What if he doesn't declare them?

    Thanks in advance. </div></BLOCKQUOTE>
    I am assuming that your friend is not on OPT or CPT.

    Generally, when an alien is on a F-1 visa, the alien is exempt from counting the days presence for a period not to exceed five years. However, if he is not substantially complying with his visa, any tax treaty benefit would be null and void along with exempting the days under F-1 visa status. Thus all the wages would be taxable and he would only be able to exclude about four months as a non resident alien. The other seven months which your friend was not substantially compliant with the visa, he would have to count the days presence. Thus, from your friends time frame, he is considered a dual status alien for tax purposes. He would file the Form 1040 along with a dual status statement. I would suggest he consult a qualified tax professional on how he should file his taxes. Tax software do not do this type of return.

    If you want to read up on this, go to the IRS web site and look up publication 519. Pages 6 and 7 talk about counting the days presence and which form or forms he must file. Also Chapter 6 of the same publication talks about how to file a dual status return.

    If you have any questions, just ask.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #5

  6. #6
    Thanks Hudson for your answer.

    Look what I've found:

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Exceptions to Mandatory Withholding of Federal Income Tax on Nonresident Aliens:
    1. IRC 861(a)(3) / IRC 864(b)(1)—Wages or Nonemployee Compensation exempt from withholding of federal income tax if all 3 of the following conditions met:
    1. The nonresident alien performing services is present in the U.S. for a total not exceeding 90 days in a taxable year;
    2. The compensation for such services does not exceed $3,000; and
    3. The nonresident alien performs the services as an employee of, or under contract with, a nonresident alien individual, a foreign corporation, or a foreign partnership not engaged in a trade or business in the U.S. or the foreign office of a U.S. citizen or resident alien individual, a U.S. corporation, or a U.S. partnership (including from within a U.S. possession).
    2. IRC 872(b)(3)— Wages or Nonemployee Compensation exempt from withholding of federal income tax if both the following 2 conditions are met:
    1. The nonresident alien is present in the U.S. in F, J, M, or Q nonimmigrant status; and
    2. The compensation for services is paid by a nonresident alien individual, a foreign corporation, or a foreign partnership or the foreign office of a U.S. citizen or resident alien individual, a U.S. corporation, or a U.S. partnership (including from within a U.S. possession).
    </div></BLOCKQUOTE>

    I think he's included in this category, since when he worked for just a month and a half in a PT job. Besides, his F1 visa was still valid at that time.

    Hudson, I wouldn't help someone who didn't deserve it. His I20 was canceled unfairly, and he's got a reinstatement denial.
    He didn't plan that.
    His English is OK, I'm just posting this for him because he told me he didn't want to be responsible for heart attacks.

    Besides, you should see him playing the Ja zz, that's all he's been doing the last months.

    Thanks.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jack8:
    Thanks Hudson for your answer.

    Look what I've found:

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Exceptions to Mandatory Withholding of Federal Income Tax on Nonresident Aliens:
    1. IRC 861(a)(3) / IRC 864(b)(1)—Wages or Nonemployee Compensation exempt from withholding of federal income tax if all 3 of the following conditions met:
    1. The nonresident alien performing services is present in the U.S. for a total not exceeding 90 days in a taxable year;
    2. The compensation for such services does not exceed $3,000; and
    3. The nonresident alien performs the services as an employee of, or under contract with, a nonresident alien individual, a foreign corporation, or a foreign partnership not engaged in a trade or business in the U.S. or the foreign office of a U.S. citizen or resident alien individual, a U.S. corporation, or a U.S. partnership (including from within a U.S. possession).
    2. IRC 872(b)(3)— Wages or Nonemployee Compensation exempt from withholding of federal income tax if both the following 2 conditions are met:
    1. The nonresident alien is present in the U.S. in F, J, M, or Q nonimmigrant status; and
    2. The compensation for services is paid by a nonresident alien individual, a foreign corporation, or a foreign partnership or the foreign office of a U.S. citizen or resident alien individual, a U.S. corporation, or a U.S. partnership (including from within a U.S. possession).
    </div></BLOCKQUOTE>

    I think he's included in this category, since when he worked for just a month and a half in a PT job. Besides, his F1 visa was still valid at that time.

    Hudson, I wouldn't help someone who didn't deserve it. His I20 was canceled unfairly, and he's got a reinstatement denial.
    He didn't plan that.
    His English is OK, I'm just posting this for him because he told me he didn't want to be responsible for heart attacks.

    Besides, you should see him playing the Ja zz, that's all he's been doing the last months.

    Thanks. </div></BLOCKQUOTE>
    Hi Jack,

    I have not questioned you on why you are helping your friend or not. All I have done is provided an answer to your question.

    Your friend would not qualify under either condition of the Internal Revenue Code. First, Your friend's presence in the U.S. has exceeded 90 days. It does not have to do with just working for one employer or payer. The exemption for counting days presence is for determining resident or nonresident alien status only. It does not apply to any tax treaty or Internal Revenue Code benefits for meeting certain conditions. Furthermore, being a resident alien or a non resident alien for tax purposes is different as being an immigrant or non immigrant. Immigration and taxes rarely mix when it comes to the tax code.

    I still believe your friend has to file a dual status return based on his situation. He is both a resident alien and a non resident alien for tax purposes. Resident aliens have th report their world wide income wherever the sources are derived.

    Hope this helps.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  8. #8
    Thanks again, He's doing everything possible to regularize his situation here, including contacting an attorney.

  9. #9
    $2000 a Month free ride????

    I am Putting myself Up for adoption!!! What are his parents names????

    I am 42, Hard Worker, Love Thy Parents and family for $2000 a Month. I am light Skin, However! With New Advancements In Technology, I Can Be Whatever It takes!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  10. #10
    @MakeItRight: I just don't see how you never realize when there's time to joke, and when there isn't. Please, stop this! There are threads you can joke around (such as avatarsforCM @ PM)...I have no idea of your age, and I don't even want to know, but sometimes it does seem to me that you just forgot to grow up. I'm sorry for offending you, but I just don't understand how you don't see when it is the right time to joke around and when it isn't. If you have no better idea what that guy should do, just don't hit reply...simple...
    @Jack: I apologize in everyone's name here who is either making fun, or being mean...you just have to ignore those. There are people who are willing to help, and Hudson is one of them.
    @Hudson: Btw, nice meeting you again here as I haven't seen you lately (or rather, I haven't logged in here lately).
    Take care everyone~


    Ability may get you to the top, but it takes character to keep you there.

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