How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lev Your Own Question

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22654
Experience:  Taxes, Immigration, Labor Relations
Type Your Tax Question Here...
Lev is online now
A new question is answered every 9 seconds

In 2008 I worked with OPT (F1 visa) until October 16th. During

Customer Question

In 2008 I worked with OPT (F1 visa) until October 16th. During that time, I didn't pay Medicare and SS taxes due to my status. After October 16th my visa status changed to H1B. And I lost my job on November 28. Can I file my tax online? What form do I need to use? Sites like Turbotax says I have to pay a lot of money to IRS, but I guess they don't take my F1 status into account. Please help.
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

Most likely - you entered some information incorrectly

When you enter information from your W2 form - be sure to enter separately amounts from boxes 1, 3, and 5 - there should be different amounts

 

You also need to determine if you was a resident or non resident for tax purposes.</p><p>if you are a resident - you will use the form 1040 (or simplified forms 1040A, or 1040EZ

 

if you are a non resident - you should use 1040 NR - http://www.irs.gov/pub/irs-pdf/f1040nr.pdf - most online services do not allow to file electronically this form

 

To find out your status - see the IRS publication 519, U.S. Tax Guide for Aliens - http://www.irs.gov/pub/irs-pdf/p519.pdf

 

As you said that the balance is large - please verify how that balance is calculated - is that income tax only? any penalties added? did you calculate additional social security and Medicare tax?

Please provide me with the form you used , lines and amounts - I will try to help you with directions

 

Let me know if you need any help.

 

Customer: replied 5 years ago.
I am a resident alien because I have been in US since 2002. So, I should have paid Medicare and SS Taxes with my previous company in 2008. It is their fault that they didn't withhold those taxes but unfortunately I need to pay for their mistake...
Expert:  Lev replied 5 years ago.

If you are clear that you are a resident for tax purposes - that would simplify your tax return - and you may file online.

If your employer did not withhold FICA taxes (social security and Medicare) - you likely provided them incorrect information - might be not intentionally - and may not simply say that was their fault..

 

If you are responsible for FICA taxes - that still need to be determined.

Generally as you are in the US since 2002 - you ARE liable for FICA taxes starting on 1 January 2007. However depending on your country of residence - you might be able to claim tax treaty benefits as long as you are on F1 visa.

In this situation - it might be very beneficial to have a tax professional helping you with tax preparation.

 

Let me know if you need any help.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.