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    cchen10's Avatar
    cchen10 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 16, 2010, 09:46 AM
    Tax problems
    Hello,

    Currently, I am in my OPT. But my employee deduct my Social Security taxes & medicare taxes. I came in USA in August 2003 and am categoried as resident alien. How do I file my tax and get the refund for my Social Security taxes & medicare taxes?

    Thank you!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 21, 2010, 02:18 PM
    Your exempt status from the Substantial Presence Test ended on 31 December 2007. Fr 2008 and 2009, you were considered a resident alien for tax purposes. If you filed Form 1040 or 1040A or 1040EZ in 2008 or 2009, then you are liable for FICA (Social Security and Medicare) taxes.

    However, if you filed Form 1040NR or 1040NR-EZ with Forms 8843 and 8840 to maintain your non-resident status, then you MAY be able to convince the IRS that you are still exempt from FICA (Social Security and Medicare) taxes. You would to file Form 843 and 8316 to claim a refund of these taxes.
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