[sumesh11]

Hi I need some help with the tax return that I have to fill in (I am a citizen of India, I am single and no dependent)
I was on F1 visa till Aug 30 2005 and was working in the university (so I worked 9 months in university) in New york
Staying in NY

Then in Sep 2005 I was on my OPT and got job in NJ. Staying in NJ

Do I have to fill in New york state tax + New york city tax + Nj atate tax

Even do I have get back my Social security and + med tax that are there in my W2 of NJ.

For the month of Sep 05 and Oct 05 my company gave me a chq as a consultancy fee so no tax was deducted from that and they said they will give me a 1099 (I guess or I 99 not sure) so my W2 of NJ has salary is for Nov 05 and Dec 05 and the bonus they paid me.

Please suggest me what all are the forms I have to fill in.

Thank you
Sumesh

[AtlantaTaxExpert]

Sumesh:

Did your visa status change when you went on OPT? If you are still on a F-1 visa, then you file Form 1040NR with a Schedule C to account for the income documented by the Form 1099-MISC.

Further, if you are still on a F-1 visa, you are still an exempt person, which means you do not have to pay Social Security and Medicare taxes. You should go back to your employer and ask that these taxes be reimbursed to you. If they refuse, get it in writing, as you will have to submit it to the IRS with Form 843 (and a few other pieces of documentation) to get the taxes refunded. See IRS Pub 519, page 46.

For the state of Ny and NJ, you have to file tax returns for both states to report the income earned in each state.

BTW, this can be rather complicated. I recommend you get professional tax help!

[sumesh11]

Thanks for the reply I am still on a F1 visa but on OPT
In case if the employer does not reimburse the social and Med taxes, then the letter should state what (like the name of employer and stating that I will not reimburse this employee soc and med taxes or something else)

Thanks for the help

Sumesh

[AtlantaTaxExpert]

Sumesh:

A simple letter or memo on company letterhead stating that the company will not refund the Social Security and Medicare taxes and why not. It would also be nice that a phone number of the point of contact be included, but that is not critical.