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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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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: 7 years ago.
Category: Tax
Expert:  Lev replied 7 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 - - 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 -


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 7 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 7 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.


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