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    ekomaroff's Avatar
    ekomaroff Posts: 1, Reputation: 1
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    #1

    Feb 16, 2011, 04:19 PM
    Purpose of alien resident or non resident status
    Social security & medicare tax was not withheld from my paycheck because I have J1 Visa. I do meet the IRS presence test to file as a resident. Does me not paying social security taxes prohibit me from filing as resident. Or the using residency when filing income tax return is only for income tax purposes only, so I can still do it (file as resident)?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 9, 2011, 11:26 AM
    Since you are under a J-1 visa, the time in the United States under that J-1 visa does NOT count toward the Substantial Presence Test.

    For this reason, you will file as a non-resident alien, filing Form 1040NR or 1040NR-EZ plus Form 8843 plus the state tax return.

    If you need professional help filing your return, email me at [email protected].
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