[joanneng]

Hello! Thanks for reading question.
I am a F1 student from Hong Kong (People republic of China)who finished my OPT on Jan 3, 2011. I first started at Jan 5, 2005 and I graduated Dec 11,2009. My Opt is 1/4/10-1/3/11. I did an unpaid internship for 3 months and then started to full time in May. Based on my W-2, I had fed, social security, medicare tax and CA SDI withheld and my total wage for the year is 15250.91. I am single, only had one job, no dependent but I claimed 3 exempt/allowance. I am going to pack up and return home by the end of Feb before the grace period ran out.
A couple of questions I was hoping to get an answer
1. What form should I use? 1040NR or 1040NR-EZ or a different form since I had been here 5 years?
2. Did I get my undergrad year exempted because I didn't had a income?
3. Could I get my Fed/SS/Medicare fax withheld back since it add up to around 2000 dollars?
4. How do I know that if I owe IRS any money?

Thank you very much and it is sure complicated for a 1st time filer...

[AtlantaTaxExpert]

1) Because 2010 was your SIXTH year in the U.S. you file as a resident, filing Form 1040.

2) No.

3) No, because you became liable for FICA (Social Security and Medicare) taxes on 1 January 2010.

4) Probably NOT, because, under the savings clause of the U.S.-China Tax Treaty, you STILL get to claim the $5,000 treaty exemption even if you file as a resident. You will need to file Form 8833 with the Form 1040 to explain this, however.

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