Question

Am I a resident/ non-resident or dual status for tax purposes?

Forum|Forum|7 years ago
June 3, 2019
1 reply
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I entered the US in July 2013 on F1 visa and graduated in 2015, and started working on F1 OPT. In 2018, My status changed from F1 OPT to H1B on Oct 1st. As per my W2/paystubs, there was no FICA deduction until May 2018 and from June 2018 I see FICA deductions. Should I file taxes as resident/ non-resident or dual status? which form should I use for taxes, 1040 or 1040NR and also what do I do about Fica taxes?

K

KarenJ2

You became a US tax resident on January 1, 2018. Five years or part years (2013, 2014, 2015, 2016, 2017). You start counting your US days of residence as of January 1, 2018. You passed the substantial presence test on 07-01-2018(the 183rd day of 2018). Your residency starting date under I.R.C. § 7701(b) is 01-01-2016 (the first day you were present in United States during the calendar year in which you passed the substantial presence test).

As a full year US resident, you can prepare your tax returns in TurboTax, filing a 1040.

You should have had Social Security and Medicare Taxes withheld for all of 2018. You will need to work with your employer as resolve this issue.

https://www.irs.gov/individuals/international-taxpayers/foreign-student-liability-for-social-securit...

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