J-1 visa, do I need to file?

[FrancescoB 0]

Hello,

 

I was in the US for 202 days in 2016 with a J1 visa. According to the Glacier tax software, I'm a nonresident alien.

 

The trouble is that while I was there I received a check as a human subject for 10.15$ (14.50$ minus taxes witheld). I have the 1042 for this. This is the only US income I had.

 

I know that I have to send form 8843, but is it necessary to also file for taxes? According to the Glacier software, I'm due a refund for 4.35$, but I would have to apply for an ITIN to get it, which would require certified copies of documents which are a bit costly (and also time consuming to get). I would gladly do without the refund... Would I get persecuted or risk immigration problems if I don't file for taxes, or is it allowed in my case?

 

Thank you for your help, I appreciate it

 

Francesco

[Coco8 1,042]

Do you need ITIN because you don't have a Social security number?  If you have SSN you don't need ITIN. 

 

Yes, you are a nonresident alien for 5 years. You need to file 8843.

 

Going to the refund, is there a way to identify you from the 1042? How would the IRS know those 4 dollars are yours? Usually, on the W2 we have our SSN (like when you receive a fellowship or any money from an university), but on the 1042 there doesn't seem to be a place for that.

 

If you don't have a SNN, I doubt you will get into trouble because you didn't ask for a refund. Basically the IRS wouldn't have a way to figure it out and 4 dollars is so low that nobody will notice. In a way, you don't exist because you have never paid taxes before or reported income. If this had been a considerable amount of money, that is another issue because you would have to declare the income. 

 

If are worried, you can also call the IRS. They actually have like a call center. Once I called and they were really nice. I'd say that you don't have SSN or ITIN and you don't want the 4 dollar refund.  

[FrancescoB 0]

Yes exactly, I don't have a SSN.

 

On the 1042 they have my name, old account number, contact details of my university... They could certainly find me if they wanted.

Myabe calling the IRS would be the best thing, you're right

 

Thanks

[Wuozopo 4,293]

I would forget it. With no ITIN or SSN there is no identifying  number tied to you. The tax has already been paid in so they made some money off you because you don't care about such a small refund. They don't have the resources to track down and prosecute somebody with less than $15 earned. You will never hear from the IRS over this.

[FrancescoB 0]

Yeah I'm sure they wouldn't come looking for me, I'm just afraid they would notify immigration and I would have to sort it out the next time I enter the USA or ask for a visa... I still haven't called, will do. Thanks!

[Wuozopo 4,293]

22 minutes ago, FrancescoB said:

Yeah I'm sure they wouldn't come looking for me, I'm just afraid they would notify immigration and I would have to sort it out the next time I enter the USA or ask for a visa... I still haven't called, will do. Thanks!

 

I seriously do not think the IRS talks to immigration about somebody with no tax ID who made $15.  Illegal immigrants working illegally file tax returns and the IRS does not report them for deportation. 

[Transborderwife 4,666]

Even as an independent contractor you need to make $400 before filing taxes.  No need at this point.

[FrancescoB 0]

Thanks, I guess I shouldn't worry then. I'll file form 8843 with no reported income.

The IRS couldn't help me over the phone, they say that because of my non-resident status I would need to find professional help or look at their website (which is not very clear to me)...