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chenzfi_inc · Feb 2, 2006, 07:13 PM

Hello,
Last year, in the first two months, I was working at my school on my OPT in NY, and then I moved to Florida and am working for a consulting company since March. From March 2nd to August 1st I was OPT status. After August 1st, I changed F-1 visa to H1B visa. From what I read from IRS, I am supposed to be a dual status in 2005. Am I right? Also my company only gave me on W-2 form for last year besides a W-2 form from my school. Should I ask a separate W-2 form from my company? I came to USA in August 2000, so by August 2005 I was still a non-resident since I was F-1 visa. Do I understand correct? Sorry for so many questions. Just this tax status is really confusing. Thank you very much. One more question, my company withhold my Medicare and Social Security taxes during my OPT, should I ask them to refund me? What kind of documents should I provide to them? Thanks a lot. :)

AtlantaTaxExpert · Feb 2, 2006, 09:56 PM

Chenzfi:

Dual status is an option, as is resident alien status under First Year Choice.

After five years under F-1 status, you lose your exemption to SS and Medicare taxes.

First, ask for the refund from your company. If they refuse, you can file Form 843 to request the refund of SS and Medicare taxes. Check out page 46, IRS Pub 519 for the details.

chenzfi_inc · Feb 3, 2006, 11:13 AM

Hi, thank you for the information. So should I file both 1040 NR and 1040 forms? Also if my company can't refund me ss and medicare taxes and I have to file 843, how can I separate the part of wages with ss and medicare exemption from one W-2 form? Thank you very much.

AtlantaTaxExpert · Feb 3, 2006, 10:51 PM

If you file dual status, you have to prepare both 1040 and 1040NR, and it has to be done is a very specific manner. That is one reason why I recommend filing First Year Choice.

Separating out how much of the salary was taxed for Social Security and Medicare is a simple math problem. All you really need is the flat tax percentages, which are 6.2% for Social Security and 1.45% for Medicare.