[arssa2020]

Hello,
Country of origin: syria
I have been in the US since August 2001 on F1 visa.
Only left the US for 30 days in August 2002(been in the us since then)..

Started my OPT on July 2004. Then started working for a company...
Offcourse they deducted SSN, medicare taxes from my paychecks..

I filed for my IRS taxes return using 1040 EZ(march 19, 2005).. I got my refund last month...

I started my H1B on march 28, 2005

Now to claim back SSn, medicare taxes
1- I need to file IRS 843?

2- from reading prevouis threads, I realised I should have filed 1040 NR... but since I used 1040 EZ.. can I still claim SSN, medicare taxes by filling IRS 843?

3- if I can file IRS 843. I have a question about certain items on the form
Items 3a/3b/4a/4b

On item 3a: "type of tax , penalty,or addition to taz" should I check
-employment
-estate
-gift
-excise
-penalty -IRC

On item 3b: "type of return filed"
-706
-709-
-940
-941
-943
-945
-990-pf
-4720
-other

On item 4a "request for abtement or refund of"
-interest as a result or IRS errors or delays
-penalty or addition to tax as a result of erroneous advice from IRS

Sorry for making this long post.. but I ve been reading,, and the more I read about it the more confused I am..

Regards all,
Moe
arssa2020 at Yahoo dot com

[AtlantaTaxExpert]

Moe:

You need to amend your 2004 tax return by filing Form 1040X and attaching Form 1040NR. You may end up paying a bit more in income taxes as you cannot claim the Standard Deduction, but amending your return to the Form 1040NR allows you to file the Form 843 to claim a refund for the Social Security and Medicare taxes.

For the Form 843:

- on Item 3a, check "employment taxes".
- on Item 3b, check "other".
- disregadrd Item 4a; it does not apply.

Before you file the Form 843, you must ask your employer to refund to you the Social Security and Medicare taxes. If he/she refuses, you must get the refusal in writing and attach it to the Form 843.

Download IRS Pub 519 from www.irs.gov and read page 43 - 48 for procedures to claim a refund for the Social Security and Medicare taxes.

[kanikaram42]

Hi,
I am currently in H-1B visa. My employer is not cutting any SSN or Medicare taxes in my pay check. Before H-1 I was on my OPT. I wanted to know if the SSN and Medicare taxes are paid half by the employee and half by the employer.. Is this right ? And since my employer is not cutting any SSN and medicare now, at the end of year will I have to pay the whole amount and my employer does not need to pay any portion of his 50% ? Is this kind of trick played by my employer ? Please advise on this in detail.
Or is it like the employer is going to pay the whole 100% of ssn and medicare tax at the end of year and also should I ask my employer to start deducting the SSN and medicare taxes ? And what is the actual percentage of that tax. And also I am from Tennessee and no state tax will this have any effect to ssn and medicare tax ?

Thanks

[AtlantaTaxExpert]

Kanikaram42:

You are suppose to pay half of the 15.3% of the Social Secutiy and Medicare taxes. You have a legal obligation to inform your employer that he should be withholding the employee share from your paycheck. Do this in writing and keep a copy.

The employer is responsible to make both payments (employer and employee), then make arrangements to withhold the money from your pay. If they fail to do so, that's their problem. The IRS will not bother the individual employee if the employer fails to make the payments. Your employer's only possible defense is that he did know that your visa status had changed from F-1 to H-1B.

Your share for the Social Security taxes is 6.2% of your pay up to $87,000 and for Medicare taxes is 1.45% (with no cap).

The state of Tennessee has no income tax, and this has no effect on the Social Secutiy and Medicare taxes.

[jingi1234]

Dear Atlanta Tax Expert,
Can you please list the taxes that we are supposed to pay when we are on H1-B? Till wife's employer cuts only 21% while my employer cuts 29% of the gross salary per month. Please list the exact % of the taxes that we are required to pay? We both work in NJ.
I really appreciate your help.


Thanks,
Jingi

[AtlantaTaxExpert]

I answered this responding to your other posting.

[steve84s]

A great start would be to join the N.A.S.E. (The National Association for the Self Employed) They are a non profit organization that was created by self employed people just like yourself in 1981. They can help you get your business started and help you even write off your health insurance premiums, prescriptions, and over the counter drugs on your taxes. Call the Atlanta Based Office at 678-789-8403