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    dbsagar's Avatar
    dbsagar Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 16, 2008, 03:38 PM
    Tax deduction for alien
    Can someone please answer these questions.. I woould really appreciate any help
    I graduated in April 2008 after coming back from. India in December.. so basically I've been in the us for more than 183 consecutive days...
    So am I a resident alien ? Or a non resident alien??
    Another important thing is that I'm an f1 student working on opt.. So should I b paying the social and Medicare taxes?
    Help..!
    rchimni's Avatar
    rchimni Posts: 6, Reputation: 1
    New Member
    		  
    #2

    Sep 16, 2008, 11:44 PM
    Opt - np social and medicare
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Sep 17, 2008, 12:09 AM
    Every one on F1 or OPT is exempt from residency for 5-years. During this period you income is not subject to Social Security and Medicare taxes. If employer is deducting these taxes, make sure to ask them to stop deducting it. Send them an email.

    You must file non-resident tax return Form 1040NR or 1040NR-EZ and 8843.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    dbsagar's Avatar
    dbsagar Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Sep 17, 2008, 05:41 AM
    Quote Originally Posted by MukatA
    Every one on F1 or OPT is exempt from residency for 5-years. During this period you income is not subject to Social Security and Medicare taxes. If employer is deducting these taxes, make sure to ask them to stop deducting it. Send them an email.

    You must file non-resident tax return Form 1040NR or 1040NR-EZ and 8843.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    Hey Mukata,
    Thank you so much for you reply. Can you also please let me know, if I can get the deductions reversed. I have started working from June, and therefore worked only for 3.5 months. Can the company reverse the amount to my account?

    Thanks once again in advance.

    Regards,
    Deven
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Sep 17, 2008, 06:56 AM
    Deven:

    Download IRS Pub 519 from Internal Revenue Service and print out pages 46-50.

    That explains the circumstances under which you are NOT subject to FICA taxes. If you submit those pages with the appropriate applicable sections highlighted, along with a formal memo requesting that you be exempted from further FICA tax withholding and that the taxes withheld to date be refunded, your employer's payroll department can then take the needed action to refund the FICA taxes that have been withheld so far in 2008.

    If you run into resistance, email me at the address below for further guidance.
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