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-   -   What form should I fill out while I am working under OPT? (https://www.askmehelpdesk.com/showthread.php?t=11877)

  • Aug 17, 2005, 09:28 AM
    bonnie7941
    What form should I fill out while I am working under OPT?
    Hi,
    I came to USA for my Master degree in 2003 Aug as a F-1 student.
    Now, I am working in NJ under OPT. Any body can kindly tell what form I should fill out regard tax? Following is the information about me.

    - came to USA for study on 2003 Aug (F1 visa)
    - single
    - no depedant
    - no mortgage for house
    - under OPT and start to work on Aug 15 2005 ( my opt start from June 20 2005 and will expire on June 19 2006)

    Should all the forms be sumitted by my employer? Or ?

    I have no idea about paying the tax so please explain to me as detail as possible. Thanks for your kindly help in advance!! :)
  • Aug 18, 2005, 06:53 AM
    AtlantaTaxExpert
    Bonnie7941:

    Since you are here on a F-1 visa and your OPT is related to your seeking the master's degree, you are considered a non-resident alien.

    You are not liable for Social Security and Medicare taxes, and your employer should not be withholding them. If he is withholding these taxes, refer him to IRS Pub 519 to have that practice discontinued.

    You are liable for income taxes, both for the IRS and for the state of NJ. You should have submitted Form W-4 and the equivalent NJ state form to your employer to have federal and state income taxes withheld from your pay.

    For the federal income taxes, you will file Form 1040NR or Form 1040NR-EZ in the first three months of 2006. You will also file a NJ state income tax return at that time. More than likely, you will have refunds due to you from both the IRS and NJ.

    If you have further questions, you can post them on this forum or contact me at [email protected].
  • Aug 18, 2005, 09:26 AM
    bonnie7941
    Dear experts,
    Do I have to fill out another form for not pay medicare taxes and social security tax?
    Since I am considered as an non-resident alien,do I have to fill out a form for this status?
    What's the difference between 1040NR-EZ and 1040NR?

    Please tell me
    - what are the totally forms that I have to fill out
    - when should I finish filling out those forms?
    - who should submit those forms?

    Tks in advance. Please tell me in detailly in what form? When to finish ? Who should submit the forms? Very tks for help!!
  • Aug 18, 2005, 11:20 AM
    AtlantaTaxExpert
    Bonnie7941:

    To my knowledge, there is no form to fill out to be exempt from Social Security and Medicare taxes. Just make sure your employer is aware of your visa status and refer them to IRS Pub 519, which specifies that holders of F-1 visa are exempt from Social Security and Medicare taxes.

    The difference between Form 1040NR and Form 1040NR-EZ is the length and complexity of the form. The Form 1040NR-EZ is a simpler form to fill out. However, you cannot itemize deductions using Form 1040NR-EZ like you can using 1040NR.

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