[VSh]

I just finished my education from Atlanta and while on an F1 visa will start working in NYC under my OPT at the end of which I will leave the country and return to India.

While I was working on campus, I did not have to pay state taxes and the federal taxes that were deducted at source would be returned to me once I would file returns.

Now, I understand that I am exempt from social security and medicare. When I start work under my OPT will I have to pay federal and state? For withholding, since I am a nonresident, do I need to complete form W-4 or just form 8233?

Is there a tax treaty for this?

Regarding NY state withholding, for it2104E allows one to exempt if:
To claim exemption from withholding for New York State personal income tax (and New York City and Yonkers personal income tax, if applicable), you must
Meet all of the following conditions:
• you must be under age 18, or over age 65, or a full‑time student under age 25; and
• you did not have a New York income tax liability for 2006; and
• you do not expect to have a New York income tax liability for 2007.

Do I qualify as a full time student since I am on an F1 visa?

[AtlantaTaxExpert]

While on OPT, you are still exempt from Social Security and Medicare taxes, but ARE subject to federal and state income taxes. Hence, you need to complete a W-4.

You CAN claim exemption from NYC income taxes due to your OPT/student status, unless you plan on staying in NYC past your OPT period.

[VSh]

Thanks for your response. How do I go about claiming exemption from NYC tax? Thanks again.

[AtlantaTaxExpert]

Just file a non-resident tax return with Form IT-360.1. If you want to attach a statement describing your status as a foreign student on OPT, so much the better, but the statement is probably NOT required.

[maxi_russia]

Hello everyone. I have the similar problem with my company. I am F1 visa holder student and do my OPT in Atlanta and graduated from an university in GA state. I gave documents to my company such as copy of VISA, I 94, and link from IRS.org that says F! Students are not subject of Medical and SS taxes. They send me a mail with says that I need to to have UPP 192 Form. But it is also says that UPP 192 for J1 students, but I am F1.
What should I do? What kind of documents I need to submit to them to proof that I am exempt?

[AtlantaTaxExpert]

Contact the HR department via phone and discuss it with the person in charge of your account. The F-1 visa and I-94 should be sufficient to show your exempt status.