Hello,

I worked on OPT from may 15th 2006 to nov 30th 2006 and my employer
Deducted the SSN and medicare taxes. During the beginning of 2007, not knowing
About filing 843, I filed form 1040EZ with my husband who is a resident alien for
Tax purposes.

However, during July 2007 I filed 843, along with 8316 to get a refund of medicare
And ssn taxes during the period may 2006 to nov 2006. However, IRS came back saying
That since I filed 1040EZ, I made the choice to be considered a resident alien for tax purposes.

Is there any way to rectify this issue and get a refund of the ssn,medicare tax during
That period.

Appreciate the help,
Srividya

During the beginning of 2007, you filed 1040EZ. That means for your 2006 tax return you opted to be treated as resident for tax purpose and filed your 2006 tax return as Married Filing Jointly.

Evidently, if you want refund of medicare and social security taxes, you must amend your 2006 return. Then you file as nonresident (1040NR-EZ) and your husband as resident (1040EZ) a Married filing Separately. This is lot of work. Even if you don't mind this, there may be another restriction by IRS:
"Once you file a joint return, you cannot choose to file separate returns for that year after the due date of the return."

This restriction is applicable in your case or not, I am not sure.

Srividya:

MukatA's posting mirrors my email to you on this issue.

MukatA:

FYI, the joint return restriction DOES apply to Srividya. She cannot go back to revoke her joint filing unless that filing was itself improper.