[vamsun]

Hi there, I am currently on F-1 Visa. I am here in US since 2003 and have been on CPT and OPT before. I am a Indian citizen. Currently I am working on my CPT. Can I claim exempt from social security and medicare under student FICA Exemption?"

[wnhough]

QUOTE," I am here in US since 2003 and have been on CPT and OPT before."---- As an F1 student (including OPT or CPT period), you are exempt from residency requirement for 5-years and should file non-resident tax return Form 1040NR or 1040NR-EZ and 8843. During this period your income is not subject to FICA, I mean, Social Security and Medicare taxes. However, in some cases, even after staying more than five years as a F1 visa holder in the U.S. you are still able to claim your exemption from residency (and you do not pay FICA taxes) and file your non-resident tax return by providing sufficient facts on an attached statement to establish that you do not intend to reside permanently in the U.S.

"Can I claim exempt from social security and medicare under student FICA Exemption?" "---U*nless the some cases apply to you,after you have completed your 5-years on F1 or OPT, your days in the U.S. count towards the Substantial Presence Test. Once you meet the SPT, you'll become a resident for tax purpose( uner the US Tax code, not under the US INS Rule), and must file resident tax return, 1040/1040AA/ 1040 EZ( if you don't calim your itemized deductions). Also, as a resident, your income is subject to FICA taxes. On your tax return, you will get either standard deduction or itemize your deductions. Suppose you are married, then you will file as Married Filing Jointly, MFJ, or Married Filing Separately, MFS. You can also claim exemption for your dependents. ALso, just like the regular U.S. citizens and residents, you must report both of your US source and worldwide income( if applicable) for the year when filing your tax return.