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    gopstar's Avatar
    gopstar Posts: 2, Reputation: 1
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    #1

    Apr 24, 2012, 02:06 PM
    OPT - Substantial presence test, Alien Resident for Tax purpose
    Hi,
    I can to US on F1 visa in July 2004. Then when out of status and DEC 2008. I overstayed with out legal status until 2009 May. Then I came back to my home country and re entered US on a New I-20 and F1 visa on Aug 2009. Now I completed graduation in dec 2011. Starting a new job on May 2012,if I stay in OPT will I be still exempt on Social Security and Medicare Taxes?
    What would the Substantial Presence Test calculation for me be?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 24, 2012, 02:11 PM
    No, you are NOT exempt; the F-1 visa exemption is a one-time exemption good for FIVE years.

    Your exemption expired on 31 December 2008, so you ARE liable for FICA (Social Security and Medicare) taxes. This is a matter of U.S. tax law and is NOT controlled by any tax treaty.
    gopstar's Avatar
    gopstar Posts: 2, Reputation: 1
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    #3

    Apr 24, 2012, 02:38 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    No, you are NOT exempt; the F-1 visa exemption is a one-time exemption good for FIVE years.

    Your exemption expired on 31 December 2008, so you ARE liable for FICA (Social Security and Medicare) taxes. This is a matter of U.S. tax law and is NOT controlled by any tax treaty.
    Thanks for the prompt reply.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 24, 2012, 02:41 PM
    Glad to help!
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