Hi,

I am an international student (F1) for 2005 have filed 1040 instead of 1040NR, is it possible that I can still receive my refund for Social Security and Medicare? I would appreciate your help.

AtlantaTaxExpert

If you want to apply for the refund for improperly-withheld Social Security and Medicare taxes, you MUST amend your 2005 income tax return using Form 1040X, attach a properly-prepared Form 1040NR or 1040NR-EZ to the Form 1040X and formally request that your status as a non-resident alien be restored. You should also attach Form 8843 with the amendment.

Once the amendment is filed and the IRS formally acknowledges that your non-resident alien status has been restored, then (and only then) can you file Form 843, along with the required support forms (see IRS Pub 519, pages 42-48, which can be downloaded from www.irs.gov) to request the refund of Social Security and Medicare taxes.

Please understand that this refund is not guaranteed. Each case is judged on its own merits by the IRS.