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    bm123's Avatar
    bm123 Posts: 1, Reputation: 1
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    #1

    Apr 15, 2011, 11:34 AM
    Resident?Non-Resident?Dual Status?
    Hi experts

    I have been on F-1 visa since starting school in the United States (August 2005) and graduated in May 2009. I secured a job with a non-profit and continue to work there on an OPT (now on 17 month STEM extension of OPT).
    My employer has not deducted FICA taxes so far but has started deducting them now and will be backtracking deductions so that I will basically end up paying FICA taxes starting Jan 2011.

    Should I be filing as a non-resident or a resident this year? My research led me to think I should be filing as a resident alien but on asking a tax consultant at a pretty well known tax service providers, I was told to file as a non-resident? Or would I need to file as a dual status tax resident since according to my employer my status changed in July 2010. Help? I have still not filed for an H1B and still am on the OPT extension till December 2011.

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

    Apr 28, 2011, 03:55 PM
    Unless you make the effort to establish and maintain a closer connection with your home country, and document that effort by submitting BOTH Form 8840 and 8843, you became a resident alien for tax purposes starting on 1 January 2010.

    So, all things considered, I would say you are a resident alien for 2010. Your employer is actually cutting you a break by withholding the FICA taxes starting on 1 January 2011; he should have, In my opinion, started the withholding on 1 January 2010.

    If you need professional tax help with this, email me at [email protected] or [email protected].
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