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    nekoyama's Avatar
    nekoyama Posts: 2, Reputation: 1
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    #1

    Apr 13, 2010, 01:13 PM
    F-1 student and FICA taxes
    Hello,

    My question is regarding a 5th year F-1 student on OPT. 2009 is the last year that I was a non-resident alien for tax purpose, and I have been exempt from paying FICA taxes.

    From 2010, I will probably be a resident-alien for tax purpose, and I was wondering if I need to pay FICA taxes this year. My OPT ends on December 2010 and my F-1 visa expires on 2012.

    Thanks in advance for any advice!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 13, 2010, 09:56 PM

    If you have completed 5 years on F-1, you must pay FICA taxes. Your U.S. Tax Return: The U.S. Visas
    nekoyama's Avatar
    nekoyama Posts: 2, Reputation: 1
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    #3

    Apr 14, 2010, 01:05 PM

    Thank you MukatA for your advice! I'm just wondering though if I don't stay more than 183 days in 2010 (=fail the substantial presence test), I will probably fill out as non-resident alien, correct? Will I still have to pay FICA taxes in that case?

    Sorry for more questions, but thanks very much for your help!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Apr 14, 2010, 11:54 PM

    Yes, you need to pay FICA taxes as your days in 2010 are not exempt from residency.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #5

    Apr 22, 2010, 06:27 AM

    If you are employed by the university then there will be no FICA tax for a student.
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