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  #1 (permalink)  
Old 10-29-2006, 06:44 PM
GIC GIC is offline
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Default H1 Consultants different taxation?

There is a tax preparer (see www.myibsn.com) who claims that he can get larger refunds for guys with H1-B visa working for client projects. Wondering if anyone had any experience with this guy! I have heard for and against his claims that one can itemize rent, internet, food and other such expenses while working for client projects with durations less than a year. Any inputs appreciated.
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  #2 (permalink)  
Old 10-30-2006, 11:34 AM
GIC GIC is offline
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Default

Agreed! Based on this reasoning most of the H1s would be either reimbursed by the employer or would not fall into this category. Beware of this guy www.myibsn.com!! He will not let you into all these details! He is just after $$$$!!!
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  #3 (permalink)  
Old 10-30-2006, 02:08 PM
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Default No Ad Please!

Hope you were not trying to advertise his service here!

Quote:
Originally Posted by GIC
Agreed! Based on this reasoning most of the H1s would be either reimbursed by the employer or would not fall into this category. Beware of this guy www.myibsn.com!! He will not let you into all these details! He is just after $$$$!!!
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  #4 (permalink)  
Old 10-30-2006, 03:38 PM
GIC GIC is offline
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Default

Quote:
Originally Posted by NO_Free_Rider
Hope you were not trying to advertise his service here!
If negative marketing or a well-intended cautionary message is counted as advertising then I am guilty!!

Last edited by GIC; 10-30-2006 at 04:02 PM.
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  #5 (permalink)  
Old 10-30-2006, 11:50 PM
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Default

Quote:
Originally Posted by GIC
If negative marketing or a well-intended cautionary message is counted as advertising then I am guilty!!
If someone wants to let others know about companies/individuals that damage us..it is always good to have knowledge about them..
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  #6 (permalink)  
Old 02-03-2007, 05:44 PM
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Default Expense Claim

I challenge that the views expressed in here are without justification and validity. I am, Laxmi Palaypu, CPA ACA - Chief Knowledge Officer IBSN Inc (www.myibsn.com) and it truly pains to see these messages without understanding the validation of claims that this firms puts in to claim the expenses (all of those stated on the exchange forum) for a consultant who is away from his tax home on client projects to the extent they are not reimbursed by employers. This office does not guarantee, commit or promise any higher refund to its client other than what the client is eligible for. We hold 35,000 tax returns practice base with corporate / employee group agreement from almost all of the major Indian Software Employers.

Please also note this is neither a marketing correspondence nor any attempt from IBSN to win over a client. We feel, we have our primary right to defend any defamation that runs accross in any forum of exchange and this office has all the evidence to substantiate the tax returns processed by us and negate any view or exchange that run without examining the validations of the practice merit that we put in.

Laxmi Palaypu, CPA ACA
Registered CPA, State of Illinois
Chief Knowledge Officer
IBSN Inc
www.myibsn.com
EMail ID: laxmi.palaypu@ibsnus.com
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  #7 (permalink)  
Old 02-03-2007, 05:57 PM
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Default

IBSN,

Do you do tax returns for departing H1Bs?

I imagine there can be lot of deductions one can claim (moving expenses for example) if one files as a US resident after working 31 days in the US during the last year of US residence.
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Old 02-04-2007, 12:09 AM
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Default Re: Departing H1Bs

Yes we do tax returns for departing H1Bs.. Deduction nature depends on how the taxpayer received his payments - whether as income or as deputation allowances for his personal services while in the United States; whether such taxpayer worked at employer locations in the US or at client location and any reason for IRS to believe that the taxpayer would establish closer connection with a foreign country.

Definitely lot of planning scope is possible invoking US-India Treaty Agreement for an H1B returning back.
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  #9 (permalink)  
Old 02-04-2007, 08:14 AM
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Default

Since, people are discussing this there are things people should be aware of:

consulting companies; ie., staffing companies

An H-1b person who usually works for one of these companies generally never works at the home location. You don't maintain a residence or address at this location.

You guys rove from project to project in different cities.

there is no fixed place of employment.

Since there is no fixed place of employment; you are considered a transient employee. A transient employee does not have a fixed place of employment which they report back to.

A transient employee is considered to always be working in their tax home. Since you are in your tax home always; you are not eligible for travel expenses.

Since you are not eligible for travel expenses; it would be difficult to justify to IRS if they should come ask.

Per diems/deduction of travel expenses are not designed to enrich yourself. They are designed to put you in the same place as if you weren't travelling.

The facts and circumstances dictate each specific case. However, the nature of the company and how most people set it up; would dictate that you guys are always working in your tax home.

Above is just general advice.
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  #10 (permalink)  
Old 02-04-2007, 08:42 AM
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Default

Quote:
Originally Posted by unitednations
Since, people are discussing this there are things people should be aware of:

consulting companies; ie., staffing companies

An H-1b person who usually works for one of these companies generally never works at the home location. You don't maintain a residence or address at this location.

You guys rove from project to project in different cities.

there is no fixed place of employment.

Since there is no fixed place of employment; you are considered a transient employee. A transient employee does not have a fixed place of employment which they report back to.

A transient employee is considered to always be working in their tax home. Since you are in your tax home always; you are not eligible for travel expenses.

Since you are not eligible for travel expenses; it would be difficult to justify to IRS if they should come ask.

Per diems/deduction of travel expenses are not designed to enrich yourself. They are designed to put you in the same place as if you weren't travelling.

The facts and circumstances dictate each specific case. However, the nature of the company and how most people set it up; would dictate that you guys are always working in your tax home.

Above is just general advice.
Thanks for the valuble advice. I live in NY and work in NJ, am wondering if I am eligible for travel expenses?
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  #11 (permalink)  
Old 02-04-2007, 08:47 AM
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Default

Here you go:


http://www.irs.gov/publications/p463/ch01.html#d0e441



Tax Home
To determine whether you are traveling away from home, you must first determine the location of your tax home.

Generally, your tax home is your regular place of business or post of duty, regardless of where you maintain your family home. It includes the entire city or general area in which your business or work is located.

If you have more than one regular place of business, your tax home is your main place of business. See Main place of business or work, later.

If you do not have a regular or a main place of business because of the nature of your work, then your tax home may be the place where you regularly live. See No main place of business or work, later.

If you do not have a regular place of business or post of duty and there is no place where you regularly live, you are considered an itinerant (a transient) and your tax home is wherever you work. As an itinerant, you cannot claim a travel expense deduction because you are never considered to be traveling away from home.

Main place of business or work. If you have more than one place of work, consider the following when determining which one is your main place of business or work.
The total time you ordinarily spend in each place.

The level of your business activity in each place.

Whether your income from each place is significant or insignificant.


Example.

You live in Cincinnati where you have a seasonal job for 8 months each year and earn $40,000. You work the other 4 months in Miami, also at a seasonal job, and earn $15,000. Cincinnati is your main place of work because you spend most of your time there and earn most of your income there.

No main place of business or work. You may have a tax home even if you do not have a regular or main place of work. Your tax home may be the home where you regularly live.

Factors used to determine tax home. If you do not have a regular or main place of business or work, use the following three factors to determine where your tax home is.
You perform part of your business in the area of your main home and use that home for lodging while doing business in the area.

You have living expenses at your main home that you duplicate because your business requires you to be away from that home.

You have not abandoned the area in which both your historical place of lodging and your claimed main home are located; you have a member or members of your family living at your main home; or you often use that home for lodging.


If you satisfy all three factors, your tax home is the home where you regularly live. If you satisfy only two factors, you may have a tax home depending on all the facts and circumstances. If you satisfy only one factor, you are an itinerant; your tax home is wherever you work and you cannot deduct travel expenses.

Example 1.

You are single and live in Boston in an apartment you rent. You have worked for your employer in Boston for a number of years. Your employer enrolls you in a 12-month executive training program. You do not expect to return to work in Boston after you complete your training.

During your training, you do not do any work in Boston. Instead, you receive classroom and on-the-job training throughout the United States. You keep your apartment in Boston and return to it frequently. You use your apartment to conduct your personal business. You also keep up your community contacts in Boston. When you complete your training, you are transferred to Los Angeles.

You do not satisfy factor (1) because you did not work in Boston. You satisfy factor (2) because you had duplicate living expenses. You also satisfy factor (3) because you did not abandon your apartment in Boston as your main home, you kept your community contacts, and you frequently returned to live in your apartment. You have a tax home in Boston.

Example 2.

You are an outside salesperson with a sales territory covering several states. Your employer's main office is in Newark, but you do not conduct any business there. Your work assignments are temporary, and you have no way of knowing where your future assignments will be located. You have a room in your married sister's house in Dayton. You stay there for one or two weekends a year, but you do no work in the area. You do not pay your sister for the use of the room.

You do not satisfy any of the three factors listed earlier. You are an itinerant and have no tax home.
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  #12 (permalink)  
Old 02-04-2007, 06:02 PM
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Default Ok i dont get this ............

What is a CPA or his employees doing on an immg forum, advertising or maybe not ..............
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  #13 (permalink)  
Old 02-05-2007, 01:53 AM
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IBSN is infamous around these parts IBSN is infamous around these parts
Default transient worker v. away from home worker

I agree if there is no fixed place of employment, and if a person moves place to place then you are considered an itinerant. However, if the tax home is defined, which is usually the Employer Location and employees are considered to report to their work location upon completion of their projects, and other facts and circumstances defining the case - then the possibility of claiming away from home [tax home] expenses can definitely be considered if there is NO separate reimbursement to such expenses and if no per diem is paid by the employer..

However such expenses are restricted for claim at a single location if the consultant remains on the project for 12+ or if such project of 12+ is defined at the instance of the project.
----
Dear Drishad, knowledge sharing can happen on any forum..its neither soliciting nor advertising.. It all started from our end to defend our merit for the web abuse received on our practicing effort and then its leading into this direction of professional exchange.. I guess its good for some CPAs to be in the forum which enlightens everyone on the tax subject. Its not our intent to seek any practice file and if that is opined so, we will definitely abstain from expressing our views in the forum.
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  #14 (permalink)  
Old 02-05-2007, 01:56 PM
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Default

You are right MACACA. I have been for long defending the "DESI" H1B companies. OFF late i am really irritated with them.

I am a consultant with my Company and i do lot of interviews for my company. Out of the interviews i take 4 out of 5 are FAKE. Everybody claims to know everything. How abt a guy with 12 yrs of JAVA experience? (Not total exp, just JAVA experience). I dont know whether JAVA existed 12 yrs back. These guys are doing a big dis-service to themselves and to the entire country. For once i feel ashamed of being an Indian.
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  #15 (permalink)  
Old 02-05-2007, 02:20 PM
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Default ISBN Does Not Respond Once they file your claim

I filed my taxes with ISBN two years back. Initially they told me one rate and after getting all the documentation and just befere filling returns they told me that its going to be percentage on returns. As they prepared for hefty return amount, my case was pending for a long time. I have not received any help during that period from ISBN.

Meanwhile IRS assigned an attorney to work on behalf me. That attorney resolved the issue with IRS by submitting some additional documentation.

Do not fall for hefty returns. That may give lot of trouble.
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