Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   OPT status but previously on H-1 - subject to FICA/Medicare? (https://www.askmehelpdesk.com/showthread.php?t=322946)

  • Feb 27, 2009, 06:57 PM
    rab375
    OPT status but previously on H-1 - subject to FICA/Medicare?
    Hello!
    I was on an H-1B visa (Canadian citizen) for over 5 years until I went back to school in 2006 and went on an F-1 visa. I had previously always filed a 1040. Now that I have graduated and am working again (since 09/2008), I am currently under F-1/OPT status, and my employer has not been withholding FICA/Medicare taxes.

    I am a new homeowner and would like to itemize my deductions (mortgage interest, student loans, property taxes, etc.).

    1) What tax return should I be filing under my current status? 1040 or 1040NR?
    2) If I were to file a 1040NR, would I not be eligible to itemize my deductions?
    3) Do I qualify for the FICA/Medicare exemption? If not, at what point do I pay those taxes to the IRS and would there be any associated penalty/interest?
    4) Would it be incorrect (i.e. red flag for the IRS) to file a 1040 and show no withholdings for FICA/Medicare?

    Any help/guidance would be greatly appreciated!
  • Feb 27, 2009, 07:07 PM
    rab375

    1 additional note - my employer is in the process of filing a TN petition for me once my OPT expires in 08/2009.
    Thanks again!
  • Apr 23, 2009, 02:09 PM
    AtlantaTaxExpert
    1) You have a choice: you can file as a non-resident alien (Form 1040NR) or file as a resident alien (Form 1040).

    2) You can itemize if you file as a non-resident alien.

    3) If you file as a resident, you must pay FICA taxes. If you file as a non-resident, you are exempt from FICA taxes.

    4) Possibly, but not likely.

  • All times are GMT -7. The time now is 10:16 AM.