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    sk72's Avatar
    sk72 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jan 24, 2006, 12:12 PM
    FICA tax on OPT
    Hi,

    Right now I am on OPT(started on Jan1st,2006) and am working for an university. I noticed that on my payroll I have been charged for FICA. When I called up our university tax office, their explanation was that since I am here in the US for more than 5 years-they considered me as a Resident. I came to US in October 2000.

    I will be applying for H1B in the month of Nov, 2006.

    Please advice.

    Thanks a lot.

    Sunny
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 24, 2006, 05:44 PM
    Sunny:

    The university is correct. The exempt status you enjoyed expires after five years.
    sk72's Avatar
    sk72 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jan 25, 2006, 08:44 PM
    Thank you for your quick response and answer...
    Actually I was on F2 status for the first 3 years... and on F1 for the last 2 years... I think this status difference might make a difference... Won't it?
    THANKS AGAIN
    Sunny
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 26, 2006, 09:52 AM
    Sunny:

    I do not think so. The statute says you can be "exempt" only for a period not to exceed five years. Both F-1 and F-2 visa status is the "exempt" status.

    However, if you access www.thetaxguy.com and post your question, you can get a definite answer from a professor in taxation who specializes in alien tax status.
    sk72's Avatar
    sk72 Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Feb 3, 2006, 11:17 AM
    Thank you so much for your help. I will post my question in "thetaxguy" forum.
    Thanks again.
    Sk
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