[niconina]

I see a lot of similar questions, but would appreciate if I could get an answer for clarification for my own case...

I am on F1/OPT status, started my OPT in May 2007. My employer does not deduct the FICA tax without a SS card that says "student" or "non-resident". Mine was issued in 1989, and does not have those statements.

I am filing regular 1040, because I was on F1 status in 2002, 2003, 2005, 2006, and 2007. Also have been on J status in 1989-1991.

1. Can I still file for FICA tax return when filing 1040 by form843 (Claim for Refund and Request for Abatement) and form8316 (Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on Wages Received by a Nonresident Alien on an F, J, or M Type Visa)? Or am I to pay FICA taxes due to staying over 5 years?

2. Even if I am determined to pay FICA taxes, should I still submit form8843 (Statement for Exempt Individuals and Individuals With a Medical Condition) for my F1 status? When form1040 is submitted electronically, can I submit it by itself in mail?

Thank you for your time and help in advance.

[MukatA]

If you are filing resident tax return, then you will pay SE tax on your 1099-Misc income. This is reported on schedule C.

How you will treat the 1099-Misc income, read: Your U.S. Tax Return: W2 or 1099: Employee or Independent Contractor.