Ask Experts Questions for FREE Help !
Ask
    Dual1ty's Avatar
    Dual1ty Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 17, 2013, 03:18 PM
    F-1 OPT Residency Question
    Hi guys,

    I know similar questions have been asked, and I've been reading through different threads and questions here, but my case is slightly different.

    I am from Germany, came to the U.S. in 2007 as a J-1 for a foreign exchange year, went back home for around two months in 2008, and came back that year as a F-1 for college. Graduated two months ago in 2013 and start work in two weeks.
    I have done two CPT's where I was FICA exempt (had to request it from my employer, as I was a non-resident). Now that it's 2013, I am a resident (tax wise) through the substantial presence test.

    Is it beneficial for me financially to be a resident tax wise? If not, what are steps that make me FICA exempt again, as I am not eligible for social security, medicare etc.

    The treaty between Germany and the U.S. just states the rules of double taxation, so that doesn't apply to me?

    Please let me know if I was unclear, or you need me to elaborate further.

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

    Jul 17, 2013, 03:38 PM
    The J-1 time in 2007 COUNTS against the five-year exemption from the Substantial Presence Test, so you actually became a resident in 2012.

    You CANNOT avoid filing as a residnet for 2013, nor can you avoid paying the FICA taxes, even if you have no chance of ever qualifying for either Social Security or Medicare benefits.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

F1 OPT tax residency (changed from J-1) [ 1 Answers ]

I am an international student currently on OPT with a f-1 visa. I started coming to the US in sep 2007 with J-1 status for one year, then subsequently completed a 4-year undergrad degree with F-1 status. I know that F-1 holder will be considered as non-resident for tax purposes for 5 years. I...

EU Residency question [ 0 Answers ]

Hi, I have a question or 2 to ask re imimgration of an American citizen into the EU. Here are the facts: We wish to get married and live together but not in the USA - in fact in Spain. I am British so there is no issue for me. Now he has a criminal record in the USA dating back more than 5...

NJ Residency status and F1-OPT tax [ 1 Answers ]

Hello, I worked for last 2 years (2007 on F1-CPT and 2008 on F1-OPT) with an employer based in NJ and lived there for 2 years (more than 183 days in calendar year as mentioned on NJ Tax Division website regarding domicile, etc) and maintained my legal residence there. Would like to know if I...

OPT 5 year residency test [ 3 Answers ]

I have a question regarding my residency status in the US. I am a Czech student working currently on my OPT. I studied for my bachelors degree in the Fall 1998- Spring 2002 period. After that I returned home to the Czech Republic and worked there for 5 years. I returned to get my master's degree in...

F1-OPT and residency status [ 1 Answers ]

Hi: I have been in the US since 2001 August. For the year 2006, I filed the 1040 and filed jointly with my husband (who has been in the US since 2000). Both of us were on F1. For the year 2007, I was on F1-OPT and my husband was on F-1. My SSN and medicare taxes were withheld for 2007....


View more questions Search