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bb46thor · Feb 18, 2009, 12:29 PM

The first day I arrived U.S under F1 Visa status was on 12/31/2003. Now I am on my OPT extension with the same F1 status. I would like to know the what status(resident or non-resident) should I use for 2008.

Also, if I am considered as a resident for taxes purpose in 2008, do I have to pay the social security tax and Medicare Tax even I am on my F 1; my company has already take off that from my W2.

Thanks,

MukatA · Feb 18, 2009, 11:28 PM

Yes, in 2008 you will file resident tax return and your income is subject to FICA taxes. Read about F1 tax filing: Your U.S. Tax Return: The U.S. Visas

bb46thor · Feb 19, 2009, 12:13 AM

Originally Posted by MukatA

Yes, in 2008 you will file resident tax return and your income is subject to FICA taxes. Read about F1 tax filing: Your U.S. Tax Return: The U.S. Visas

Thanks, my company didn't withdraw my FICA tax during 2008, how should I pay that back? And how should I figure out how much I have to pay?

mistrypg · Feb 19, 2009, 01:16 AM

Hi I was on B1 visa during First Quarter (Mar08-Jun08) where my company paid my salary in India. On Aug 02, 2008 I came to US on H1 visa ? As such I have completed 183 days Should I be considered as Residece Or Non-Residence for the Purpose of Tax Filing ?:(

MukatA · Feb 20, 2009, 12:23 AM

bb46thor:
You were expected to inform the company about your change of status. For 2008, you can not do anything yourself. It is for your employer to handle the situation. If in future, they ask you to repay the FICA taxes for 2008, you must do it.

For 2009. Inform your company that for 2009 you will file as resident, so as per IRS requirements, they need to withhold FICA taxes.

bb46thor · Mar 2, 2009, 10:32 PM

Originally Posted by MukatA

bb46thor:
You were expected to inform the company about your change of status. For 2008, you can not do anything yourself. It is for your employer to handle the situation. If in future, they ask you to repay the FICA taxes for 2008, you must do it.

For 2009. inform your company that for 2009 you will file as resident, so as per IRS requirements, they need to withhold FICA taxes.

Thanks MukatA, is there any official document from IRS that I can show my company accounting department about my resident status? They ask me to provide some info to them.

MukatA · Mar 3, 2009, 01:04 AM

Originally Posted by bb46thor

Thanks MukatA, is there any official document from IRS that I can show my company accounting department about my resident status? They ask me to provide some info to them.

Read IRS Publication 519: Tax For Aliens.

MukatA · Mar 3, 2009, 01:09 AM

Originally Posted by mistrypg

Hi I was on B1 visa during First Quarter (Mar08-Jun08) where my company paid my salary in India. On Aug 02, 2008 I came to US on H1 visa ? As such I have completed 183 days Should I be considered as Residece Or Non-Residence for the Purpose of Tax Filing ?:(

By counting B1 and H1-b days, if it is 183 or more, you are resident from March 08. This makes you Dual Status.