I've been in the States since 2001 (F-1 undergrad, then 1 year of F-1 OPT, and now with a new F-1 for grad school), 6 years so far and all at the same university in NYC. This will be my first year filing the 1040EZ, and I have a few Q's...



Four questions:

* Is the 1040EZ form the correct one for me? I know there is a whole slew of letters.... and for NY-State, what is the resident equivalent of the IT-203?

* As an Indian citizen and student, can I still claim the $5000 US-India Treaty deduction on the 1040EZ?

* Do I now no longer have to fill out Form 8843? Or is that still something i have to do because of my F1 status?

* I just found out that for the 2005-2006 year of OPT, I was taxed Social Security and Medicare taxes wrongfully. Is it too late to claim these back? I understand there is a possibility that I might not be able to claim the 2006 part (because of the 5 year rule), but what about the 2005 part?


Thanks in advance ATE or TaxResearcher...

-ST

AtlantaTaxExpert

Form 1040EZ id fine if your only income is W-2s and Form 1099-INT less than $1,500. The NY Resident Tax For is IT-201.

As a resident alien, you CANNOT claim any Treaty exemptions.

Form 8843 is NO LONGER required.

You can file Form 843 for the 2005 FICA taxes up to 15 April 2009. You cannot file for 2006, as the FICA taxes were correctly withheld.

JTKD

Are medicare taxes withheld for a H1b status, refundable?

AtlantaTaxExpert

No. Those under H-1 or H-1B visas are liable for both Social Security and Medicare taxes, even if they will never qualify for benefits.