[pabloldu]

Hello:
I am currently working on an H1-b since Oct 1st, 2005, from July 2004 until the end of July 2005 I worked on a F-1 woth my OPT. Last year I claim a deduction for my soc security and medicare taxes. I'm not sure if I can still claim that same deduction for this year and which form do I need to file.
Thank you

[AtlantaTaxExpert]

Pabloldu:

You were attacking the problem incorrectly. No one can claim a deduction for Social Security or Medicare taxes.

However, as a non-resident alien under a F-1 visa, you were not liable for Social Security or Medicare taxes.

Your first step is to inform your employer that you were not liable for these taxes and to reimburse you for the amount withheld. Given the time that has elapsed, he will refuse. You should get this refusal in writing, because you will need to attach that refusal to your claim (on IRS Form 843) for reimbursement of these taxes.

Download IRS Pub 519 from www.irs.gov. Look on page 46 under "Refund of Taxes Withheld in Error" for the list of documents you need to submit attached to IRS Form 843 to claim that refund.

Good luck!

[pabloldu]

Thanks a lot for your quick response. The amount that I need to ask to be reimburse is only for the amount withheld under my F-1 visa (in my case January to end of July) or does aldo include the taxes withheld under the H1-b(October to present)?

What form do I need to file acoording to my situation for this year's taxes?

Thanks

[AtlantaTaxExpert]

Pabloldu:

The form is IRS Form 843. Again, see page 46 of IRS Pub 519 for details.

You may request a refund of only the Social Security and Medicare taxes withheld while under the F-1 visa.

Once you came under the H-1B visa, you became liable for Social Security and Medicare taxes.