HI,
I was in my 6th year of f1+opt during 2005. i heard that i can still file as non-resident alien if i am able to file a statement claiming closer connection to home(india). my h1b started on feb 2006. if i can file as a non-resident alien for 2005, what forms do i need to fill out, and is it possible. any help is greatly appreciated. thank you

AtlantaTaxExpert

You can still file as a non-resident alien.

However, you are no longer exempt from Social Security and Medicare taxes, as there is a five-year limit for the F-1 visa exemption.

rkjohn_12345

thank you very much for the quick reply. my company did not with-held any social security or medicare. if i file as a non-residnet alien can i be excempt from these taxes. is it better if i file as a resident beacuse i will get 8200 in total exemptions? appreciate your time

AtlantaTaxExpert

John:

As long as you kept your company informed about your visa status, the fact that they failed to withhold Social Security and Medicare taxes is their problem, not yours.

If you can file as a resident alien to get more exemptions, go ahead and do so.

rkjohn_12345

ATE, thank you very much for your quick responses. I have a final question.
Is there any way i could be exempt from social security taxes in my 6th year of F1 if i file 1040NR with other forms such as "closer connection to home" etc. Thank you for your time.

AtlantaTaxExpert

Not really. The IRS put that five-year limit on F-1 visa exemption to prevent potential abuse.