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    pramod_prasanna's Avatar
    pramod_prasanna Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 17, 2009, 04:40 PM
    F1>OPT>H1b - Have filed 1040 for past 2 yrs - Can I file 1040NR this year?
    Hello,
    I came to US in Aug 2005 under F1. I filed the following forms:
    1.Form 1040-NR in April 06
    2.Form 1040 April 2007
    3.Form 1040 April 2008 (Was under F1-OPT from May 07 and got married in Nov 2007)

    I changed to H1-B during Oct 1 2008 and I heard from people that since I was under F1 - I could reclaim my Social Security and Medicare taxes.
    Can I file 1040 -NR this year and reclaim my SS and Medicare for this year and last year as well?

    What is the best course of action for me if I have to do that?

    Thanks a lot!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 18, 2009, 12:08 AM

    You filed resident tax return in 2007, while you were required to file nonresident tax return. So in 2008, you must pay FICA taxes on your income. You will not get FICA taxes back if you file Form 843.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Mar 11, 2009, 01:12 PM
    As Mukat noted, you filed incorrectly in both 2007 and 2008.

    Those returns must be amended using Form 1040X and attaching properly-prepared Forms 1040NR-EZ and 8843 BEFORE you submit Form 843, or you have NO CHNACE of recovering your improperly-withheld FICA (Social Security and Medicare) taxes.
    amaskmena30's Avatar
    amaskmena30 Posts: 11, Reputation: 1
    New Member
    		  
    #4

    Apr 4, 2009, 10:49 PM
    Hello Sir,
    I had a question in reference to the discussion going on in above forum.
    I filed as resident for last year (2007 returns). I was not on OPT then. However, for 2008 I am on OPT and have to get my FICA taxes back. I still have to file my returns. Can I file as non resident and get FICA taxes for 2008 returns even if I filed as resident for 2007 or first I need to correct my 2007 returns using 1040X form and then reclaim my FICA taxes for 2008.
    Do 2007 tax status determine the tax status for 2008 or they are mutually exclusive?

    Looking forward to hear from you. Please reply.
    Thank you in Advance!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Apr 5, 2009, 12:36 AM

    If you amend your 2007 tax return to file nonresident tax return, then you will get FICA taxes back for 2007.

    In 2008, you will get FICA taxes back only if you file nonresident tax return.

    You may get better tax refund if you file joint return as residents but in that case you will not get FICA taxes back.
    Read about filing Form 843: Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual
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