Hi, Tax expert:

I read several of the questions you answered for people about F1 tax issues and thought you did a great job. After reading all the questions, I still have some issues that I am not clear of.

To give you a little bit of background information of myself, I entered US in Jan. 2006 as H1 worker, I transferred my status to F1 in July 2007. I did 3 months CPT in 2008 and started my OPT in 2009. I got married in 2008 and my husband is on H1. Both of us stayed in US for the entire year 2008.

Now I am trying to get refund for the Medicare and social security tax my employer withheld during my CPT in 2008. I appreciate if you can provide some information on my following questions:

1. Am I a non-resident alien (since I was on F1 the whole year 2008)? Would my H1 status in 2006 and 2007 affect my tax position as NR alien in 2008?

2. My husband is on H1b so I am sure he is a resident alien. Can we file MFJ in this case?

3. What documents should I show to my employer to get the Medicare and social security tax withheld back?

4. If my employer refuse to refund me, what forms should I file to IRS? Where do I find instructions on filing those forms.

Thank you for your help!

1) Yes, you are a non-resident alien for 2008. Your previous H-1 status has NO EFFECT on that fact.

2) Yes, you CAN file jointly, but you should wait until AFTER you get the Social Security and Medicare taxes back. If you file jointly before that case is settled, the IRS WILL use that joint filing as justification to deny the refund.

3) Download IRS Pub 519 from Internal Revenue Service (http://www.irs.gov). Pages 48 and 49 has the necessary citattion to prove to your employer that a refund is justified.

4) You file Form 843. The procedure is detailed on page 49 of IRS Pub 519. I can also prepare the packet for submission for a fee (see email address below).

Emphasize to your employer that HE gets a refund too if he requests the refund for you. That should convince him to take the trouble to do so.

Hello All,

I work for two employer last year.
JAN 2008 to ANUG 2008 EMP-1 in NJ (New Jersey)
SEP 2008 to DEC 2008 EMP-2 in MA (Massachusetts)

How would I should file my tax? Is it only one Federal TAX with total of both w-2, and two separate State TAX, one for NJ and ONE for MA?

AtlantaTaxExpert:

Thank you so much for your prompt and right-to-the point answers. I am a new accounting graduate myself and just finish all the CPA exams. I think I have learned something from you.

Amberw:

Glad to help!

Sonuataskcom:

Redundant post; already answered.

AtlantaTaxExpert:

One more question to following my last ones:

Approximatly how long does it take for IRS to refund the withheld? Cause if by April 15th I still do not get the medicare/FICA refund, we will have no choice but file jointly. Does that mean I will not be able to collect the refund since the IRS WILL use that joint filing as justification to deny the refund?

Amberwr:

FICA tax refunds requested via Form 843 normally take 6-8 weeks to process.

And you do NOT have to file by 15 April 2009 if you are due refunds from the IRS and state. Your actual deadline is 15 April 2011; after that date, you forfeit the refund. Since you are due a refund, there are NO penalties for filing late.

So if you have not received the FICA refund by 1 April 2009, just file Form 4868 to get an extension to 15 Oct 09, and wait it out!

Great answer. I appreciate your help! :)

By the way, if I file form 4868, I file it for both me and my husband in one form. Is that correct?

Yes, that is correct!

Thanks so much!

Glad to help!