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    swapnil700's Avatar
    swapnil700 Posts: 5, Reputation: 1
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    #1

    Mar 19, 2013, 06:53 AM
    Social security and medical taxes deducted on OPT/F1
    I was on F1 status from August 2009- January 9, 2012. My OPT started from Jan 9 ( effectively still f1 visa status), my employer deducted medicare and social security taxes during the period of January - March, I applied for H1 in April and got approved and effective in Oct. As I understand I shouldn't have paid those social and medical taxes during that period. I asked my employer about the deducted taxes and they said its not in their hands. I want to know if there is a separate form to describe those deductions and also if I am eligible to use turbo tax based on Substantial presence test ?

    Also. social and medical taxes were also deducted from April until October, do I have to claim that too? I got H1 approval notice in May though the H1 starts in Oct.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 19, 2013, 07:05 AM
    Your employer is wrong; they can get you a refund if they wanted to.

    Get a refusal letter from the employer, then submit Forns 843 and 8316 to get the FICA tax refund.
    swapnil700's Avatar
    swapnil700 Posts: 5, Reputation: 1
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    #3

    Mar 19, 2013, 07:12 AM
    I am planning to talk with my employer one final time, should I be requesting refund till April (when I applied for H1), or May (when H1 was approved), or Oct ( when H1 Status started).

    Appreciate your quick response.
    swapnil700's Avatar
    swapnil700 Posts: 5, Reputation: 1
    New Member
    		  
    #4

    Mar 19, 2013, 07:13 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Your employer is wrong; they can get you a refund if they wanted to.

    Get a refusal letter from the employer, then submit Forns 843 and 8316 to get the FICA tax refund.
    I am planning to talk with my employer one final time, should I be requesting refund till April (when I applied for H1), or May (when H1 was approved), or Oct ( when H1 Status started).

    Appreciate your quick response.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Mar 19, 2013, 07:20 AM
    Your refund is based on the EFFECTIVE date of the H-1 visa.
    swapnil700's Avatar
    swapnil700 Posts: 5, Reputation: 1
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    #6

    Mar 19, 2013, 07:24 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Your refund is based on the EFFECTIVE date of the H-1 visa.
    I already have a W2 ?

    If my employer complies on refund, should I request for a new corrected W2 ?

    Should I be filing dual status?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Mar 19, 2013, 07:29 AM
    A corrected W-2 will be needed.

    If the effective date is 1 Oct 12, file as a non-resident alien.

    If the effective date is May 2012, then file a dual-status return is needed.
    swapnil700's Avatar
    swapnil700 Posts: 5, Reputation: 1
    New Member
    		  
    #8

    Mar 19, 2013, 07:35 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    a corrected W-2 will be needed.

    If the effective date is 1 Oct 12, file as a non-resident alien.

    if the effective date is May 2012, then file a dual-status return is needed.
    I was going through your profile, your webpage does not entertain 1040NR.

    I wanted to ask you if you could do my taxes, and how much it would cost
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #9

    Mar 19, 2013, 07:44 AM
    Please send me an email, as I cannot quote fees on the forum.
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