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taxhelplease
Mar 4, 2013, 07:18 PM
I started working full-time 4 months ago (October 2012), and I really need some help on this tax filing thing.

One key question I have is that I need to know if I am considered a non-resident alien or resident alien.

Here's my situation:
I first came to USA in September 2007, and was on J1 exchange student visa. I was here till December 2007.
Then I transferred to US as a Junior in 2008, and graduated in 2010.
I took half a year off before attending graduate school, which started in March 2011 and graduated June 2012.

I understand that students under F and J visa are considered exempt for the first 5 years. (2007, 2008, 2009, 2010, 2011)
So technically, 2012 is my 6th year? And I need to take the significant presence test to determine whether I am a resident alien?

My dilemma is that I have filed my taxes with TurboTax snap tax yesterday, without looking into this subject matter in depth, and if I am a non-resident alien, I would have to file 1040NR (or 1040NR EZ), which Turbo Tax doesn't do for me.
If I indeed filed incorrectly, I would have to file an amendment 1040x with 1040NR EZ?

Really appreciate your help and input on my situation. Thank you in advance.

AtlantaTaxExpert
Mar 4, 2013, 07:42 PM
Based on what you posted, you are a resident alien for tax purposes for 2012, so your filing with TurboTax is just fine.

taxhelplease
Mar 4, 2013, 10:09 PM
Thank you very much for your reply. Do I still need to conduct the significant presence test on myself? If I have stayed in the US for more than 183 days in 2012, then I pass the test? Even though that I was exempt for 2010 and 2011, which means no day was counted for these two years?

AtlantaTaxExpert
Mar 4, 2013, 10:19 PM
You became liable for the Substantial Presence Test on 1 January 2012, and you passed it easily in early July.

File as a resident. You will be fine.

taxhelplease
Mar 5, 2013, 10:43 AM
Okay, thank you very much. I am working on OPT now, would I still be waived for social security and medicare taxes as a resident alien?

AtlantaTaxExpert
Mar 5, 2013, 10:48 AM
Unfortunately, no.

The same rule that allows you to file as a resident also makes you liable for FICA (Social Security and Medicare) taxes. You need to notify your employer of this fact IN WRITING (email is good for this) and let him figure out what to do to correct the error.

taxhelplease
Mar 5, 2013, 12:48 PM
Unfortunately, no.

The same rule that allows you to file as a resident also makes you liable for FICA (Social Security and Medicare) taxes. You need to notify your employer of this fact IN WRITING (email is good for this) and let him figure out what to do to correct the error.

I see, OPT (Optional practical training) is still considered F1 student status, does social security and medicare tax still apply to me? I'm confused, not sure if it's the visa status that determines it or my tax status.

Thank you very much for your input, I really appreciate it.

AtlantaTaxExpert
Mar 5, 2013, 01:08 PM
Again, the tax year 2012 is your SIXTH year in the United States.

That means all the exemptions you enjoyed under the F-1 visa have EXPIRED, and tat includes your exemption from Social Security and Medicare taxes.

taxhelplease
Mar 5, 2013, 06:19 PM
Again, the tax year 2012 is your SIXTH year in the United States.

That means all the exemptions you enjoyed under the F-1 visa have EXPIRED, and tat includes your exemption from Social Security and Medicare taxes.

Okay, I got it. Thank you very much, your advice helped me a lot in understanding my tax issue, I really appreciate it.

AtlantaTaxExpert
Mar 5, 2013, 08:07 PM
Glad to help!