I am an F-1 student from the Philippines and I am currently on OPT. it's the first time I'm filing for taxes. I just left my job on bad terms Early in the year so I can't really ask them for help regarding my situation or anything for that matter. Here are my questions:

1. I know I should be exempt from SS and Medicare but they withheld medicare and SS tax from me. What forms do I need to fill out to get the withheld taxes back?

2. The Philippines has a treaty with the US that exempts $3,000 income from being taxed. My previous employers didn't deduct the $3,000 from my taxable income. How do I claim this exemption and get refunded for the $3,000 taxed? Where in the 1040NR do I put/claim this? DO I need another form besides the 1040NR to show this exepmption?

All in all what forms do I need to fill out?

Thanks in advance.

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes.

On your F1/OPT income you will get deduction based on tax treaty between the U.S. and your country. 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)

To get FICA taxes back, you will file Form 843. It is filed separately. 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)

Thank you for the response. But I'm still confused about how I can deduct the $3000 taxable income exemption I'm entitled to by the treaty. Is there a form I need to fill out or do I just deduct from the wages listed in my W2?

On line 6 of !040NR-EZ write $3000. On line 3 of the form enter your total income minus $3000.