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nhg · Feb 24, 2009, 07:15 AM

Since 2002 my visa status has been the following:

August 2002 - December 2002 -- F1 Visa full time student
January 2003 - December 2003 -- F1 Visa full time student
January 2004 - December 2004 -- F1 Visa full time student
January 2005 - December 2005 -- F1 Visa full time student
January 2006 - December 2006 -- F1 Visa full time student

January 2007 - August 2007 -- F1 visa with opt / didn't use opt

August 2007 - December 2007 -- F1 Visa full time student
January 2008 - December 2008 -- F1 Visa full time student

January 2009 - Present --F1 visa with opt / haven't used it

For the years 2006 and 2007 I have filled 1040EZ instead of 1040NR-EZ.

For the year 2008, can I file my tax return using form 1040EZ because of the years I have been in f1 visa status?

Thanks!

nhg · Feb 24, 2009, 06:20 PM

Anyone?

MukatA · Feb 24, 2009, 06:55 PM

On F1/OPT you are exempt from residency for 5-years. After 5 years you must file resident tax return. So for 2008 file 1040EZ.

Also now your income is subject to FICA taxes as well federal and state income taxes.
Read about F1 tax filing: Your U.S. Tax Return: The U.S. Visas

nhg · Feb 25, 2009, 07:31 AM

Based on the years I have been in F1, for the 2007 year the correct form was 1040ez or 1040nr-ez.

"Also now your income is subject to FICA taxes as well federal and state income taxes."

My w-2 form for the year 2008 only shows federal income tax, no state or other tax. Is this right?

Many Thanks!

MukatA · Feb 25, 2009, 11:10 AM

What is your citizenship? In which state did you work in 2008?

nhg · Feb 25, 2009, 01:41 PM

I'm from Mexico, I worked in Texas, the w-2 only shows federal income tax, the other fields: state, local ,etc, do not have any amount. Also, I have only worked on the 2006,2007 and 2008.

nhg · Feb 26, 2009, 07:26 AM

...

MukatA · Feb 26, 2009, 11:53 PM

Texas does not have state tax. Your employer must withhold SS tax and Medicare tax. Send email to your employer so that they start withholding from 2009.
For years before 2009, you can not do anything yourself. If employer contacts you for back taxes, you must pay them.

nhg · Feb 27, 2009, 12:18 AM

I will do that,

Many Thanks MukatA!

nhg · Mar 5, 2009, 04:52 PM

I have another question,

All of those years from 2002 to 2009(right now), I have been a full time student on F1 visa, but I have been living in Mexico and going to school at Texas, everyday. I live in a city very close to a university in Texas. This is similar to "border commuter" students but with the same visa as those living in the USA.

Do I still qualify as resident for tax purpose for 2008 year?

nhg · Mar 6, 2009, 08:39 AM

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AtlantaTaxExpert · Apr 29, 2009, 09:25 AM

Yes, you are still a resident alien, even though you spent your nights in Mexico.

nhg · Apr 29, 2009, 11:43 AM

Originally Posted by AtlantaTaxExpert

Yes, you are still a resident alien, even though you spent your nights in Mexico.

Thanks! I already filed 1040nr-ez and received just a fraction of the total federal tax refund. Should I file an amendment?

AtlantaTaxExpert · Apr 30, 2009, 09:05 AM

Yes, you do. If you spend ONE DAY in the U.S. (and you do NOT need to spend the night), you are in the U.S. under a F-1 visa, so you used up your five year exemption by 31 Dec 2006.

For 2007 and 2008, you were a resident alien for tax purposes.

So, yes, you should file an amendment for both 2007 and 2008 to get the enhanced refunds to which you are entitled.

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