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IVON
Apr 15, 2008, 12:07 PM
Does anybody know how to do the tax corroction and claim the SS and medicare back fro both 2005 & 2006?
I tried to do it myself but it's a little bit too much for me, so I am willing to pay a expert to do it for me. Anybody who is interested please emial me and we can talk about the fee.

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My preivous posting
Hi,
I filed 1040EZ for year 2005 under F1 visa and filed 1040EZ for year 2006 under OPT.
I also filed forms with IRS to claim back the ss & Medicare, however, they told me filed 1040EZ indicates that I am a resident of the United States and as a resident of the United States, I am not exempt from FICA tax.

MukatA
Apr 15, 2008, 10:27 PM
For 2005, you must first file amended tax return Form 1040X with properly done nonresident tax return (Form 1040NR or 1040NR-EZ) and Form 8843. You must pay all the due taxes (as per amended return) with interest and penalty.
After that you will file Form 843 for refund of SS and Medicare taxes. Read about filing Form 843: Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual (http://taxipay.blogspot.com/2008/03/non-resident-exempt-individual-social.html)

Follow same steps for 2006.

Which form did you file in 2007?

AtlantaTaxExpert
Apr 16, 2008, 09:33 AM
This all assumes that you filed incorrectly in 2005 when you filed Form 1040EZ.

However, if you arrived in country in year 2000 or earlier on that F-1 visa, then filing Form 1040EZ WAS the correct way to file.

Further, when you amend the return as specified by VTE, you must get an ackonowledgement of some type that the IRS has accepted the amendment and has restored your non-resident alien status. Such a process CAN take three months or more.