[amaskmena30]

Hello Sir,
I am currently on OPT Stem Extension and was on OPT, the earlier year.
In my W2 from earlier employer (I do not work there anymore), Box 4 and 6 contain values, which correspond to Social and Medicare tax with held.
I asked my earlier employer to refund these taxes, but they said that they had already finished up with tax returns for this year and were unable to offer me the refund.
I contacted IRS, and they say you have to get the refund back from the employer.
I used turbo tax last time to file my return and was thinking using it for this year as well. However, turbo tax does not allow me to proceed with the returns and says that you should get the refund and corrected w2c and then file the returns. My earlier employer would not provide me with this new w2c.


I am not sure what to do.
Kindly advise.
Thank you in anticipation.

[MukatA]

On F1/OPT you must file nonresident return Form 1040NR or 1040NR-EZ and Form 8843. It can not be efiled.
TurboTax does not do nonresident tax returns. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

To get refund of FICA taxes, you must file Form 843. Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

[amaskmena30]

On F1/OPT you must file nonresident return Form 1040NR or 1040NR-EZ and Form 8843. It can not be efiled.
TurboTax does not do nonresident tax returns. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

To get refund of FICA taxes, you must file Form 843. Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

Thank you Mukata for getting back.
I had a question related to answer you gave me.

Firstly, If I filed my taxes for this year 2009 using turbo tax, will IRS reject my claim for refunding Social and Medicare taxes, because in their records, it shows that I filed as resident alien as I did not file 8843 and 1040 NR or 1040 NR-EZ? I also filed my tax returns using Turbo Tax for the last year.


Secondly, how can I correct this error?

Thank you.

[MukatA]

If you file 2008 tax return as resident, then for 2008 you will not get FICA taxes back.

[amaskmena30]

If you file 2008 tax return as resident, then for 2008 you will not get FICA taxes back.

Thank you Mukata, again, for answering my query. So, it does not matter if I filed tax returns as resident for last year even if I was not supposed to (I did not have any FICA taxes last year).
So, is the following correct: This year, if I file for Non Resident tax returns, I can still get FICA taxes refund this year, in spite of filing as resident for last year.

Secondly, if I have already filed taxes this year as resident what corrective action should I take, so as to get my FICA taxes back? Is there a way out of this?

Thank you in anticipation.

[IntlTax]

You should file Form 1040X for 2007 and 2008 to correct the form to Form 1040NR.

[amaskmena30]

You should file Form 1040X for 2007 and 2008 to correct the form to Form 1040NR.

Thank you for replying. I am a bit confused...
Until I file this form 1040 X for both years, wouldn't my FICA taxes shown on my W2's boxes 4 and 6 be refunded if I file forms 8316 and 843 to get the refund?
Is it necessary for me to file this form first and then to claim my FICA taxes?
Thanks in advance.

[amaskmena30]

I am sorry, but I could not get any answer to my earlier question, so just re-posting this question again:

I am a bit confused...
Until I file this form 1040 X for both years, wouldn't my FICA taxes shown on my W2's boxes 4 and 6 be refunded if I file forms 8316 and 843 to get the refund?
Is it necessary for me to file this form first and then to claim my FICA taxes?
Thanks in advance.
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[AtlantaTaxExpert]

Okay, here is the process:

1) You will need to file Form 1040X with properly-prepared Forms 1040NR-EZ and 8843 attached. On the Form 1040X, you specifically ask the IRS to re-instate your non-resident alien status. You may or may not have to pay additional tax (plus interest) with this amendment; it depends on which country you are from and whether a treaty exemption is in effect.

2) Once the amendments are filed and have been processed, then (and only then) can you file Form 843 and 8316 to request a refund of the FICA (Social Security and Medicare) taxes from the IRS. If you file before amending your returns, the IRS will reject the request because you filed as a resident alien in 2007 and 2008.

If you need professional help with this process, contact me at [email protected].

[amaskmena30]

Thanks ATE for responding..
So,
Even If I filed as a non resident (1040NR) this year (2008), in order to get the Social and Medicare taxes refund for 2008, I will have to amend my tax returns for last year as well because I filed using Turbo Tax for 2007 Tax Returns OR it does not matter because I am claiming FICA taxes for 2008 and not for 2007 and I have filed as NON Resident for 2008 and therefore will get the FICA taxes back for 2008?
Also, I had sent the forms 8316 and 843 and other necessary documents to claim my FICA taxes to IRS even before I filed for my tax returns this year.
Later, I read somewhere that you have to send these forms and other documents at least 6-8 weeks after you file for your tax returns as by that time IRS has information of your tax return for that year.

I appreciate your help and look forward to a reply.
Thanks you in anticipation.