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    natad's Avatar
    natad Posts: 1, Reputation: 1
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    #1

    Mar 29, 2008, 04:05 PM
    Tax exempt individual based on F1 status and 5-year limit
    I have somewhat similar question. I was a student in the US from 1997-2004 and then came back for my post-graduate degree in 2007.

    1. Based on your reply earlier, every year spent on F1 visa counts towards the 5-year limitation and it does not matter if I am back to the US on a different F1 visa attending a different school?

    2. Does it matter if I never claimed to be a tax exempt individual since I never filed any taxes during the years I was a student?

    3. Can I still claim ss and medicare deductions if I file as resident alien? What happens if I file as a nonresident alien but the IRS determines that I am actually a resident for tax purposes? Do I need to re-file?


    Thank you!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 29, 2008, 09:04 PM
    You are no longer exempt on F1 visa. You will file resident tax return. You don't get any treaty benefit and your income during F1/OPT is subject to FICA taxes. Make sure that your employer withholds FICA taxes from your wages.
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