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Declined the OPT tax returs

Asked Jul 16, 2012, 06:16 AM — 12 Answers
Hello,
I did my masters in USA and I am OPT (F1 Visa). and i have been working since 2011 JAN as a full time employee. so, the problem is , my employer deducted the Medicare Tax and SSN tax for complete 2011. I paid $3000+. Now i applied for OPT tax refund and the IRS declined the tax return request. What is the next step?

The reason they mentioned int the letter is:
We have disallowed your claim because, in accordance with Internal Revenue Code 7701(b), you meet the substantial presence test and are considered a resident alien; therefore you do not qualify for exemption from FICA tax on wages.

in 2012, I spoke with my employer and i told them that i am on OPT. Now they are not deducting the SSN and Medicare tax from my paycheck.

Please let me know, how to proceed.

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12 Answers
AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,862, Reputation: 3723
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#11

Jul 18, 2012, 03:14 PM


It is mostly submitted by F-1 and J-1 visaholders to validate their exempt status.
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newacct's Avatar
newacct Posts: 118, Reputation: 34
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#12

Jul 18, 2012, 03:34 PM
Quote:
Originally Posted by Kumar225740 View Post
Hello Newacct,
I did not fill the Form 8843. But it seems Form 8843 is explicitly for Medical condition reasons to leave USA. Please correct me if I am wrong.

Thanks
No, it is for exempt individuals AND individuals with a medical condition. You as an F1 student are an exempt individual (exempt from the SPT) for 5 calendar years. Every year that you are an exempt individual, you need to file Form 8843, regardless of whether you need to file taxes. You can go back and file them for past years.

I'm not sure how exactly to respond to the IRS notice though; whether sending copies of 8843 will be enough.
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,862, Reputation: 3723
Senior Tax Expert
  
#13

Jul 18, 2012, 04:04 PM


The Form 8843 and the Form 843 are completely different forms, with different functions.

Your description of Form 8843's function is completely accurate.

However, the OP submitted Form 843 to request a refund of his improperly-withheld FICA (Social Security and Medicare) taxes, and it is the Form 843 that the IRS is citing in its letter to the OP.
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