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

    Apr 10, 2007, 09:49 PM
    How should I file tax as a F1-H1B?
    Hi, I am a F1 student from Aug 2001-Dec 2005. I started my OPT from Jan 06 to Oct 06, and then H1B afterwards. How should I file my tax because of the transition? My employer did not withhold Social Security and Medicare while I am using my OPT. If I need to file 1040 instead of 1040NR, do I have to return all my Social Security and Medicare withholdings? And is this an option for me to choose whether I file 1040NR or 1040? Would bank interest counted as taxable income while I am using my OPT? Could I itemize deduction for auto loan?

    Thanks in advance. Would really appreciate your answers.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Apr 11, 2007, 05:38 AM
    Quote Originally Posted by Mozartmaniac
    Hi, I am a F1 student from Aug 2001-Dec 2005. I started my OPT from Jan 06 to Oct 06, and then H1B afterwards. How should I file my tax because of the transition? My employer did not withhold Social Security and Medicare while I am using my OPT. If I need to file 1040 instead of 1040NR, do I have to return all my Social Security and Medicare withholdings? And is this an option for me to choose whether I file 1040NR or 1040? Would bank interest counted as taxable income while I am using my OPT? Could I itemize deduction for auto loan?

    Thanks in advance. Would really appreciate your answers.
    There is really no option here. You are a resident in 2006 and you should file a 1040. Your employer should have been withholding FICA, unless you worked on campus, so get in touch with them asap and get this corrected. You technically might have to pay it back.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 19, 2007, 08:16 AM
    Agree, even with paying the back FICA taxes (though the employer is responsible for that).
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