[KJY]

Hi,

I appreciate your quick responses to all of my questions.
I have options between 1040 and dual-status
My question today is,

1) Is it possible that I file with 1040 and file the request for refund of social security and medicare tax at the same time? Even if SS and Medi are not part of 1040, but would they still know that I filed with 1040?

Thanks in advance.

[AtlantaTaxExpert]

I assume you had the circumstance where you were F-1 for the majority of the year and H-1 for the rest of the year, and your employer withheld SS and Medicare taxes while you were under the F-1 visa.

In my opinion, the filing as a resident alien does not affect your ability to request a refund of the SS and Medicare taxes incorrectly withheld while you were on the F-1 visa. However, just to be safe, I have advised my clients to file the Form 843 requesting the refund of the SS and Medicare taxes first.

Once you receive that refund, then file Form 1040 in the middle of 2006 as a resident alien under the First Year Choice.