Hi,

I filed 1040EZ in 2007. I also filed form 843 requesting refund of SSN/Medicare taxes withheld from my account. I did not receive any refund of SSN/medicare taxes for 2007.Can I re-apply(inquire) now (2009) for this refund again.

I was on OPT in 2008 and my employer withheld SSN/Medicare taxes for 2008.I have been in US for 3.5 years so I think I will be resident alien for tax purposes.Can I get my SSN refund if I file my taxes as resident alien.My employer is not giving any written letter that they refused to refund the ssn taxes.What should I do? Please help.

Also I have two W-2's for 2008 so should I file 2 different form 843's to get the ssn refund.

Altanta Tax Expert, Please help.How can I contact you to utilize your services.I would like to take professional help and get out of this issue.

Thanks
Yed.

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return. You filed resident tax return for 2007, which was a mistake. So you will not get refund of SS tax and Medicare taxes withheld by your employer. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

For professional help, write to [email protected]

If you filed Form 1040EZ, then you filed incorrectly as a resident alien. That will result in your Form 843 refund request being denied.

You will first need to amend your 2007 tax return, filing Form 1040X and attaching a properly-prepared Form 1040NR-EZ and Form 8843 to the Form 1040X.

Once the IRS accepts and approves the amendment, you then need to re-submitthe 2007 Form 843 with the needed support documents. A letter from the employer is best, but it is NOT essential to getting your FICA tax refund.

You can also submit the 2008 Form 843 at the same time you submit the Form 843 for 2007. The issues will be the same, so it makes sense to submit both at the same time.

You will need to file Forms 1040NR-EZ and 8843 for 2008.

If you want my professional help in filing these forms, contact me at [email protected].