Hi,

I have a few questions about Dual Status and OPT taxes. I would appreciate if anyone can answer my questions.

I was a student on F1 status from Jan 2002 till June 12 2005. I worked on my OPT from Dec 2004 till 12th June 2005 and then my H1 came into effect. I called the IRS to enquire if I should file a 1040 EZ or NR-EZ or NR form. The IRS guy told me that I should file Dual Status and I can file either of the forms. So I filed a 1040 NR-EZ form. Now I got a mail from IRS asking me to file the 1040 NR form. Now I amd totally confused what constitutes the Resident and Non-resident status. I meet the substiantial presence test. So what form should I file and if I file 1040 NR do I still file as dual satus?

Another question is, can still claim my SSN and medicare withheld taxes when I was working on OPT?

Thanks,

Okay, a dual-staus return uses both Form 1040NR and Form 1040. The Form 1040NR serves as a statement of income for the F-1 income earned.

A dual-status return is not an easy return to file. You can download IRS Pub 519 from www.irs.gov to see how it is done, or you get professional help.

I can prepare the return for you. If you are interested, contact me at [email protected].

You can file Form 843 to apply for a refund for the withheld Medicare and Social Security taxes while on OPT. I can help you with that as well.

Thanks for your help Atlanta Tax Expert. I will contact you if I can't file it on my own. Thanks once again.

Glad to help!