Welcome to Sprintax’ comprehensive tax guide for J-2 visa holders in the US!
As a J-2 visa holder, it’s essential that you get to understand at least the basic aspects of your tax obligations and rights while living and working in the US.
After all, by not filing correctly, you risk incurring fines from the IRS. What’s more, if you’re taxes are not up-to-scratch, you may also encounter complications when applying for a visa or Green Card in future.
This guide will provide you with a clear understanding on such topics as your tax residency status, tax exemptions, FICA taxes, tax treaties, W-2 forms, and how to file your tax return at the end of the year.
What is a J-2 visa?
A J-2 visa is a non-immigrant visa issued by the United States to spouses or dependents of J-1 exchange visitors.
The J-1 visa is designed for individuals participating in approved exchange programs in the fields of education, research, training, or cultural exchange.
The J-2 visa allows the spouse and unmarried children (who are under 21 years old) of J-1 visa holders to accompany them in the United States during their exchange program.
It grants the J-2 visa holder the right to study, work, or engage in cultural exchange activities while they are in the US.
To obtain a J-2 visa, the primary J-1 visa holder must first receive approval for their exchange program from a designated sponsoring organization. Once the J-1 visa holder is approved, they can request the necessary documentation for their dependents to apply for J-2 visas.
It’s important to note that J-2 visa holders are generally not allowed to work in the US without obtaining proper employment authorization. However, you may be allowed study while in the US on this visa without requiring specific permission.
How important is residency status when filing taxes on a J-2 visa?
Determining your tax residency status is crucial in understanding your tax obligations whilst in the US.
J-2 visa holders are generally considered nonresident aliens for tax purposes unless they meet the Substantial Presence Test.
This test considers the number of days you have been physically present in the United States over a specific period.
If you meet the substantial presence test, you will be considered a resident alien for tax purposes.
After being in the US for 183 days or more, you will generally be considered a resident for tax purposes.
Are there any tax exemptions for J-2 visa holders?
As a J-2 visa holder, you may be eligible for tax exemptions under very certain circumstances.
The Internal Revenue Service (IRS) allows J-2 visa tax exemptions for certain income earned.
FICA Taxes
J-2 visa holders are generally subject to Social Security and Medicare taxes, also known as FICA taxes, unless they qualify for an exemption, which is quite rare.
Tax Treaties
Tax treaties between the United States and other countries exist to provide certain benefits and exemptions when it comes to taxation.
For example, these treaties aim to avoid double taxation and reduce tax liabilities for residents of both countries.
The tax treaties covering student, teaching, or research income do not cover J-2 visa holders. There are very few tax treaties that are available to J-2 visa holders and they may only cover personal services, however there are many requirements that need to be met in order to cover it.
W-2 Forms
If you receive income from an employer while in the US, you will likely receive a W-2 form.
The W-2 form reports your wages, tips, and other compensation, as well as any taxes withheld from your income.
Before you begin to earn income, it’s important to ensure that your employer has correctly identified your tax status as a nonresident alien, as this determines the correct tax withholding rates.
This is done by filing a W-4 form with your employer, or, in case of tax treaty covered income – 8233 form.
And at the end of the year, it’s a good idea to review your W-2 form for accuracy and to report the correct income on your tax return.
Do J-2 visa holders have to file a tax return?
J-2 visa holders who have earned income in the United States are generally required to file a federal tax return, even if they are nonresident aliens.
You will need to file an income tax return from the first dollar earned in the US even if your income is covered by a tax treaty.
When filing your tax return, you will use Form 1040NR for nonresident aliens.
This form will allow you to report your income, deductions, exemptions, and tax credits.
Ensure that you provide all the necessary information and attach any required schedules and forms when filing your J-2 tax return.
If you had income that was subject to withholding, such as wages, you may be eligible for a refund of the excess withholding.
Sprintax can help you file your tax return correctly as well as claim your maximum US federal and tax refund!
To claim a refund, you must file and include any supporting documents or forms required to back up your claim.
It’s essential to keep accurate records of your income, expenses, and any relevant documents, such as W-2 forms, 1099 forms, and receipts.
These records will help you accurately complete your tax return and respond to any potential inquiries from the IRS.
You can prepare your J-2 visa tax return easily online with Sprintax
Social Security Numbers
A Social Security Number (SSN) is a unique nine-digit number issued by the Social Security Administration to US citizens, permanent residents, and certain individuals authorized to work in the United States.
As a J-2 visa holder, you are eligible to apply for an SSN if you have obtained work authorization from the United States Citizenship and Immigration Services (also known as USCIS).
An SSN is required for employment purposes and may be needed for filing tax returns.
To apply for an SSN, you will need to visit your local Social Security office and provide the necessary documents, such as a completed SS-5 form, your passport, visa, and work authorization documents.
You can complete your SSN application easily online with Sprintax Forms.
Individual Taxpayer Identification Numbers
An Individual Taxpayer Identification Number (ITIN) is a nine-digit tax number issued by the IRS to individuals who are required to have a US taxpayer identification number but are not eligible for an SSN.
If you are not eligible for an SSN but have US tax filing or reporting obligations, you may need to get an ITIN.
ITINs are primarily used for tax purposes and are not valid for employment authorization.
Knowing how to get a tax identification number for a J-2 dependent can save you a lot of time.
To apply for an ITIN, you will need to complete Form W-7 and submit it along with your J-2 visa tax return or other required documents as per the W-7 form instructions to the IRS.
Applying for an ITIN online has never been easier with Sprintax!
Fill out your ITIN application
How can Sprintax help me?
In summary, J-2 tax filing can be a challenging process – especially if it is your first time to file a tax return. And knowing and understanding your tax obligations and rights as a J-2 visa holder is crucial for maintaining compliance with US tax laws.
If you would like help in ensuring you are fully compliant with the IRS – look no further than Sprintax!
We can assist with everything from:
- Tax return preparation
- Tax refund applications
- Tax return amending
- General help
- And much, much more!
And remember, being knowledgeable about your tax obligations can help you effectively manage your tax responsibilities – and even better, can potentially maximize your tax benefits!
Also read: J-1 visa taxes explained – the ultimate US tax return guide for J-1 visa holders
