xcitech
New Member

Filing as a Non Resident Alien on OPT - but do not pass substantial presence test

My company did not withold FICA taxes on the assumption I am Non-Resident Alien. However, I fail the substantial presence test, as I have been in the US for more than 5 calender years.

1. I arrived in US in 2012, and have filed taxes as Non-Resident alien for 2012-2016

2. For tax year 2017 I am considered Tax resident as I have crossed 5 calender years in F1

3. I am presently on F1-OPT and have not applied for immigrant visa

4. Under these circumstances, I want to file 1040NR-EZ under the "The Closer Connection Exception to the Substantial Presence Test for Foreign Students" rule of the IRS.

https://www.irs.gov/individuals/international-taxpayers/the-closer-connection-exception-to-the-subst...

 

5. The reason I want to file as Non-Resident Alien is that my company did not withold FICA taxes. 

 

So to file as Non Resident Alien, do I just need to attach form 8843, or do I need to attach any other documents as well? Any advice would be very helpful.