[mariambuzz]

Hello there, I hope this finds you well.

I actually have two questions, which I hope you will be able to help me with. My first is in reference to tax year 2006, and the second is in regards to tax filing for 2007.

I have been in the United States since January 2002 on an F-1 visa. Starting in June of 2006, I began employment on OPT. During 2006, social security taxes were being deducted from my wages. While preparing my taxes using software, I was alerted that those deductions should never have been made, and that I was entitled to a refund. Upon filling out form 843 and following up with the tax advocate I was assigned, I was told that I was not eligible for this refund because I met the requirements for the substantial presence test. I have read elsewhere that f-1 visa status excludes me from that category. I am wondering whether this is something that I could appeal at this late stage, and what the chances are, in your estimation, that I may actually succeed in getting these monies returned to me?

My second question is about the 2007 tax year. I left the US after the expiration of my OPT in June 2007, and returned again in October of 2007 to the same employer as a green card holder. Should I file as having dual status? Also, should I be making social security deductions from my wages now that I am a permanent resident?

Thank you so much for your time! However much detail you are able to provide would be much appreciated, including what forms I should fill out and any other advice you are able to think of. Thanks again.

[AtlantaTaxExpert]

For 2007, since you are a green card holder, you should file a normal return (Form 1040, 1040A amd 1040EZ).

As for the appeal, you definitely have grounds for an appeal. You were still on exempt status in 2006, so the citation that you met Substantial Presence is just plain WRONG. You need to re-submit the Form 843.