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

    Mar 24, 2009, 12:46 AM
    FICA refund for 2007 and 2008
    Hi MukatA,

    I am in F-1 OPT status from mid 2007 to the end of 2008 and I filed the wrong form (1040EZ) for 2007 tax return. Followings are the forms I plan to file for 2007 and 2008. Please let me know if they are correct or not.

    1. For 2007: I will file Form 843 and 8843 for FICA refund. (Do I need file 1040X?)
    2. For 2008: I will file Form 1040NR, 8843, 8316, and 540NR long form (California state tax).
    (Form 843 seems can't be used for 2008 FICA refund, what form can I use instead?)

    Thanks,
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 14, 2009, 11:02 AM
    Hopefully, you have not yet filed the Form 843 for the FICA refund for 2007, because you MUST amend your 2007 return FIRST to restore your non-resident status BEFORE your file the Form 843.

    If you need professional help, email me at [email protected].
    Williamsbond's Avatar
    Williamsbond Posts: 1, Reputation: 1
    New Member
    		  
    #3

    Oct 22, 2009, 12:08 PM

    Where is my 2007 1040NR tax return
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Oct 22, 2009, 01:21 PM
    Can you be a bit more specific?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Oct 23, 2009, 04:30 AM

    Assuming you did not complete 5-years on F1/OPT till 2008:
    1. For 2007 file Form 1040X with properly done non-resident tax return (Form 1040NR or 1040NR-EZ) and Form 8843.
    2. For 2008 file non-resident tax return and Form 8843.
    3. After waiting about 12 weeks for 2007 return and 4 weeks for 2008 tax return, file Form 843 with required documents. Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

    If you find this complicated, contact AtlantaTaxExpert.
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