Volunteer Income Tax Assistance (VITA) Session 2015 Tax Year GA Form 500

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Volunteer Income Tax Assistance (VITA) Session 2015 Tax Year GA Form 500 Controller s Office International Student and Scholar Services

Disclosure The Volunteer Income Tax Assistance (VITA) Program is administered by the US Internal Revenue Service (IRS). The Emory VITA volunteers have received certification from the IRS regarding tax matters relating to foreign nationals who are classified as nonresident aliens under US tax law. Every effort has been made to ensure US and Georgia State tax technical accuracy of the presentation material. Please note, however, that both Emory University and the VITA volunteers bear no responsibility or liability for technical mistakes or omissions regarding the presentation, materials & handouts provided, or the preparation and filing of individual US federal and/or Georgia income tax returns. US and Georgia State tax law can be complicated and the consequences of the law will depend upon individual facts and circumstances. The advice of a knowledgeable tax professional should be obtained if any matters create uncertainty regarding the preparation and filing of US federal and/or Georgia income tax returns. 3/21/2016 1:18 PM 2

Preparation of GA Form 500 Topics Covered 1.Focus & Prerequisite relating to these Guidance Notes 2.Brief tax law overview 3.IRS Form 8843 (Statement for Exempt Individuals) 4.Overview of Georgia Income Tax Rules 5.Introduction of case study 6.Guidance Notes Preparation Example Georgia Form 500 3/21/2016 1:18 PM 3

Introduction PLEASE NOTE These Preparation Guidelines Are For: Nonresident aliens of the US Students and scholars who are filing US Federal Form 1040NR EZ, and have prepared their Form 1040NR EZ using Foreign National Tax Resource (FNTR) These Preparation Guidelines ARE NOT FOR: Individuals who are filing US Federal Form 1040NR, or Individuals who have not yet prepared their federal tax return Tax Year 2015 Resident aliens who file a resident alien federal tax return (Form 1040) ** Guidance for completion of the Georgia Form 500 for individuals who prepare and file US Federal Form 1040NR will be posted to the ISSS webpage*** 3/21/2016 1:18 PM 4

Tax Law Overview Overview: US tax law requires ALL nonresidents file US federal and state income tax returns if they have any U.S. source income The terms of students and scholars visas require them to be in compliance with ALL laws of the US including income tax filing! The US Citizenship and Immigration Services (USCIS) will consult the US Internal Revenue Service (IRS) for permanent residence status filings: Did this nonimmigrant always file his/her tax return/report? Any tax treaty benefits are not officially claimed until the federal and state tax returns are filed! 3/21/2016 1:18 PM 5

IRS Form 8843 Mandatory filing for all F and J nonresidents in exempt status Even if you have no income! All others DO NOT have to complete Establishes you and/or your dependents (F 2 or J 2) are nonresident aliens who are exempt from counting days towards tax residency FNTR software will prepare the form for you and your dependents If you have no income, mail the form to IRS in Austin, TX If you are filing an Income Tax Return, send in with return 3/21/2016 1:18 PM 6

Introduction GA Form 500 IMPORTANT GENERAL POINTS TO REMEMBER: If you file a Federal nonresident income tax return (either Form 1040NR EZ or 1040NR) you must file a Georgia Form 500 and NOT Georgia 500EZ! If filing a nonresident federal income tax return, then you must file as a nonresident of Georgia If you filed single on federal, file single for state If preparing the Georgia Form 500 manually, use black or blue ink to complete the tax return Do not enter cents; use whole dollar amounts 3/21/2016 1:18 PM 7

Case Study John Smith Student, F-1 Visa Arrived in US on August 1, 2013 Wife Jane Smith, F-2 Visa; has no US income 2015 Income: Form W-2 Compensation - $6,000 Form 1042-S Compensation - $5,000 (Income Code 20) Form 1042-S Scholarship - $4,000 (Income Code 16) 2015 Deductions - $190 of Georgia State Income Tax Paid 3/21/2016 1:18 PM 8

Case Study 3/21/2016 1:18 PM 9

Case Study 3/21/2016 1:18 PM 10

GA Form 500 GA 500 Page 1 Line 1 Enter your name and social security number Enter spouse s name and social security number (if married) Leave SS# blank if your spouse does not have a number. GA 500 Page1, Lines 2 and 3: Enter current address information. 3/21/2016 1:18 PM 11

GA Form 500 GA 500 Page 1, Line 4: Residency Code is 3 GA 500 Page 1, Line 5: Either A if single or C if married GA 500 Page 1, Line 6: Place an X in 6a and enter 1 in 6c. Go to GA 500 Page 2 3/21/2016 1:18 PM 12

GA Form 500 Enter SS# at the top of page GA 500 Page 2, Line 7a : blank GA 500 Page 2, Line 7b: Enter 01 for one exemption. Nonresidents cannot claim additional exemptions except in rare situations. GA 500 Page 1, Line 7c: Skip Go to GA 500 Page 3 3/21/2016 1:18 PM 13

GA Form 500 Enter SS# at the top of page GA 500 Page 3, Line 8: Equals Line 10, Form 1040NR EZ Adjusted Gross Income Lines 9 14c: Skip these lines We will come back to page 3 later. Go to GA Form 500 Page 8, Schedule 3 3/21/2016 1:18 PM 14

GA Form 500 GA 500 Page 8, Schedule 3, Line 1 = Wages, Salaries, Tips, etc. Must add the following amounts: Form 1042 S, Income code 20, Box 2 (students) + Form 1042 S, Income code 19, Box 2 (J 1 scholars) + Form 1042 S, income code 18, Box 2 + Form W 2 Box 1 GA FORM 500, Page 8, Schedule 3 Enter SS# at top Column C = Column A (except if income from more than one state) 3/21/2016 1:18 PM 15

GA Form 500 GA Form 500, Page 8, Schedule 3 (Continued) Lines 2 and 3:skip Line 4 Equals: Federal Form 1040NR EZ, Line 4 (State Tax Refunds) + Scholarship Income (Form 1042 S, Income Code 16, Box 2) Line 5 Equals: Total of Lines 1 through 4 3/21/2016 1:18 PM 16

GA Form 500 GA Form 500, Page 8, Schedule 3 (Continued) Line 6 Equals: Federal Form 1040NR EZ, Line 6 ( Treaty Exempt Income) + Federal Form 1040NR EZ, Line 8 (Scholarships/Fellowships) Line 7: Skip NOTE: Line 8 Must Equal Federal Form 1040NR EZ Line 10 (Adjusted Gross Income) Line 8 Equals: Line 5 less Line 6 3/21/2016 1:18 PM 17

GA Form 500 GA Form 500, Page 8 (Continued) Line 9: Ratio = 100% (except if you have income from other states) Line 10 Equals: Federal Form 1040NR EZ, Line 11 (Itemized Deductions) NOTE: INDIA Students should enter $2,300 if Single $1,500 if Married (and check Standard Deduction Box) Line 11a Equals: $2,700 for Box A or D, page 1, line 5 or $3700 for Box B or C, page 1, line 5 (Filing Status) 3/21/2016 1:18 PM 18

GA Form 500 GA Form 500, Page 8 (Continued) Line 11b: Skip Line 11c Equals: Line 11a + Line 11b Line 12 Equals: Line 10 + Line 11c Line 13 Equals: Line 12 (except if you have income from other states) Line 14 Equals: Line 8, Column C, minus Line 13 (if less than zero, enter zero) GO BACK TO GA FORM 500, PAGE 3 3/21/2016 1:18 PM 19

GA Form 500 Georgia Form 500, Page 3 Line 15 Equals: Page 8, Line 14 Amount Line 16: Figure tax from Georgia tax tables See GA Form IT 511, Pages 20 22, for tables Line 17: Skip Line 18 Equals: Line 16 Line 19: Enter amount from Federal Form W 2 Box 17 (state tax withholding) Line 20: Skip GO TO GA FORM 500, PAGE 4 3/21/2016 1:18 PM 20

GA Form 500 Filing Status 3/21/2016 1:18 PM 21

GA Form 500 GA 500, Page 4 Enter SS# Line 21: Skip Line 22 Equals: Line 19 Line 23: If Line 18 (from Page 2) exceeds Line 22 enter the difference here there is a tax balance due, or Line 24: If Line 22 exceeds Line 18 enter the difference here; there is a tax refund due Lines 25 34: Skip Line 35: If tax balance due, enter amount from Line 23 Enclose Form 525 TV with tax return Line 36: If tax refund due, enter amount from Line 24 3/21/2016 1:18 PM 22

GA Form 500 Sign and date return!! PAYMENTS or zero tax due (green) Payments Processing Center Georgia Department of Revenue PO Box 740399 Atlanta, GA 30374 0399 Check payable to: Georgia Department of Revenue REFUNDS (blue) Refunds Processing Center Georgia Department of Revenue P.O. Box 740380 Atlanta, GA 30374 0380 3/21/2016 1:18 PM 23

GA Form 500 with 1040NR GA 500, Page 4 [continued] If receiving an income tax refund, complete: Line 36a to receive the refund by direct deposit to your checking or savings account (U.S. account only) ***If direct deposit information is not entered, a check will be mailed to the address entered on Page 1*** 24

GA Form 500 with 1040NR GA 500, Page 4 [continued] If you owe tax, complete: Line 35 Form 525 TV Payment Voucher and include with your return ***Mail the return and payment voucher with payment to the address indicated on the Form 500. Disregard the address listed on the Form 525 TV as this is for electronic filing only*** 25

GA Form 500 Do not use staples or paper clips on your check, W 2 s, 1042S s or tax return! Enclose all documents with return in envelope to correct address! Make copies of all forms for your records! Enclose all documents with return in envelope to correct address! 3/21/2016 1:18 PM 26

Include the Following Forms with Your Return GA Form 500 Include Form W 2, Copy 2 Include Form 1042 S, Copy D Forms 1040NR EZ or 1040NR Include Form W 2, Copy B Include Form 1042 S, Copy C Keep Form W 2, Copy C and 1042 S, Copy B for your records! 3/21/2016 1:18 PM 27

Forms and Publications On line All US federal tax forms and publications can be found on the IRS website at: www.irs.gov Click on Left Tab Click on Can find by Form/Publication number 3/21/2016 1:18 PM 28

Forms and Publications On line The Georgia Form 500 can be found on the Georgia Department of Revenue website at: http://dor.georgia.gov/popular forms Select Income Tax Forms & Instructions IT 511 Individual Income Tax Booklet 3/21/2016 1:18 PM 29

Special Topics US Tax Residency Marriage to a US Tax Resident Pub 519, page 9 Dual Status Alien Pub 519, page 32 Resident alien with treaty benefits Pub 519, page 47 48 3/21/2016 1:18 PM 30

Special US Tax Topics Claiming Dependents Canada Mexico South Korea India students See Pub. 519, page 27 & 28 3/21/2016 1:18 PM