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    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #1

    Feb 27, 2012, 02:46 PM
    Tax filling on OPT, resident or non-resident?
    Hello,

    I've been employed since July 2011 on OPT and I had federal, social security and medicare taxes taken away from paycheck. I'm assuming I'm still under F1 status, even though my visa expired my I have have all the documents from my school including I20 etc. I also have an EAD card. Should I request a refund from my employer for social and medicare taxes? I'm not sure if I'm a Resident Alien or Non-Resident Alien. There is some substantial presence test that verifies that, but I'm still not sure. I have two W2 forms. One from my school (before OPT) and one from my present employer. I'm also awaiting for a form, I believe 1042s for a scholarship at my school. This is all confusing and I wonder if I shouldn't reach out to a tax preparer knowledgeable with tax cases and foreigners.

    Your help is appreciated.

    Thanks!
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Feb 27, 2012, 03:44 PM
    It depends on how many years you have been here. Up to the fifth year you are non-resident. If you are non-resident you don't have to pay SS and medicare taxes and can get them back.
    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #3

    Feb 27, 2012, 03:45 PM
    I've been here since August 2006. With short visits to home country Poland. Last one was for about 3 weeks in May 2010.
    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #4

    Feb 27, 2012, 03:47 PM
    And also I purchased a vehicle in July 2011 and I'm financing it. Can I get a refund on sales/state tax? And how? What else can I get a refund on? I heard some stuff about donations.
    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #5

    Feb 27, 2012, 03:51 PM
    No Fica taxes withheld under H1B
    My friend has been employed for almost a year and she just realized that only federal taxes have been withheld from her paychecks. Social security and medicare have not at all. What should she do? She wouldn't like to bankrupt, but she realizes that she has to report it to hr/payroll. It was probably a company's mistake. She was not aware of that matter.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #6

    Feb 27, 2012, 03:52 PM
    Quote Originally Posted by jason8704 View Post
    i've been here since August 2006. with short visits to home country Poland. Last one was for about 3 weeks in May 2010.
    Well 2011 is your sixth year so you are a resident.
    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #7

    Feb 27, 2012, 04:07 PM
    Car purchased while on OPT. Tax refund?
    Can I get any tax refunded for car sales in 2011? Based on my research, sales tax will not apply... But how about state tax? And what should I do to get that refund?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #8

    Feb 28, 2012, 05:09 AM
    On F1/OPT you are nonresident for 5 years and you are exempt from FICA taxes. After that your days in U.S. are not exempt from residency and you must pay FICA taxes.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #9

    Feb 28, 2012, 05:11 AM
    H1-B is work visa and you must pay FICA taxes. You must tell your hr/payroll about this mistake.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #10

    Feb 28, 2012, 05:21 AM
    Are you taking about sales tax as itemized deduction?
    jason8704's Avatar
    jason8704 Posts: 7, Reputation: 1
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    #11

    Feb 28, 2012, 06:01 AM
    Yes, I'm not sure how car sales really works in terms of deduction but apparently something can be done?
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