[just_78_mob]

Hi,
I was on opt in 2004(full year), I filed 1040ez instead of 1040nrez and I did not claim my social and medicare taxes, what forms I need to fill and is there a dead line?
Any help is appreciated.
Mob.

[AtlantaTaxExpert]

Just_78_mob:

If you were in OPT the entire year of 2004, you should have filed Form 1040NR-EZ.

You should file a Form 1040X to amend the return and attach a completed Form 1040NR-EZ. If you are from India, you can claim the standard deduction of $4,850 and a personal exemption of $3,100. Depending on your income, it's possible no additional taxes are due.

[just_78_mob]

What about social and medicare taxes..? How can I claim them?

[AtlantaTaxExpert]

Just_78-Mob:

I think you mean how do you claim a refund for Social Security and Medicare taxes withheld by mistake?

The form is Form 843. The procedures and additional documentation is spelled out in IRS Pub 519 (I believe page 45).

However, before you file this form, you need to ask your employer to refund the withheld Social Security and Medicare taxes. If they refuse, you need to get them to write a memo saying why they cannot refund the withheld Social Security and Medicare taxes and how much should have been refunded to you. If they refuse to write the memo, you need to produce a statement saying the same thing.

You will also need to provide a copy of your visa, plus other documentation that shows you were in country on an OPT. It's all in the IRS Pub 519.

You can contact me at [email protected] if you have detailed questions that you do not want to reveal on this forum.

[just_78_mob]

Thanks for your help.

[AtlantaTaxExpert]

Glad to help!