atin95
New Member

Am I a nonresident or resident for tax purposes for 2018 (I have been in the US since in August 2013)? Please below for other details regarding my situation.

I entered the US in August 2013 on a F-1 visa. I got a full time job after graduation (in April 2018) and have been on OPT since then. I have been filing my taxes with 1040NR until last calendar year (last one I filled out was 2017 Tax Return).

I believe I should be a resident for tax purposes for 2018 since this is my 6th calendar year on F-1 visa in the US, but:

 1) I received 1042-S documents from my bank for my checking/savings accounts for 2018 (with income code 29)

2) My employer has not withheld any Social Security or Medicare taxes in 2018 since I began working in August 2018. I called HR to see if they were supposed to be withholding any SS/Medicare tax for 2018 but I was told that "I am still a non-resident alien since I am on F-1 status, and that they won't withhold any SS/Medicare tax until I change my status to H-1B). 

Thus:

  • What is the best course of action to take in this case? 
  • Am I a nonresident or resident for tax purposes for 2018? 
  • Do you think I can just go ahead and file my taxes with TurboTax Premier?
  • If so, how should I handle the 1042-S documents (with income code 29)?
  • Will I owe IRS the Social Security/Medicare tax amounts for 2018 although my employer did not withhold anything? 

    I would appreciate any insights based on my situation. Thank you in advance!