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OPT to H1B tax filing for 2017 (Social security and Medicare tax withheld for whole year )

F1 (opt included) period : 2014 -09-01. To 2017 -09-30. 

H1B period: 2017-10-01 to 2017 -12-31 

From Substantial Presence Test  SPT , I think I’m considered as a nonresident for the tax year of 2017 

Since the Social security and Medicare tax was withheld for whole year.  I want to get the money back for the period when I was on F1 visa. 

Do I need to file dual status or I can just go with nonresident filing? 

Do I need two W2 forms , one for F1(opt period ) , the other for H1B period ? 

(same company , didn’t change work). 

I got a statement from my employer that they withheld my social security and Medicare tax from my paycheck by mistake and I  requested a refund from IRS. 

Does US-China tax treaty Article 20 apply to my case ? I'm a international student from china

1 Reply
Intuit Alumni

OPT to H1B tax filing for 2017 (Social security and Medicare tax withheld for whole year )

-Based on your information, you can simply file a nonresident on a Form 1040-NR.  If you anticipate you will be staying in the US for at least 183 days in the year of 2018 or meet the Substantial Presence Test  SPT, you can  choose to file as a dual-status alien by making the FirstYearChoice.  It is an option.  You are not required to do so. 

-As far as your Form W-2s, you might need to contact your employer for verification.  There might be some  requirements which the employer is required to follow in compliance with IRS regulations.

-Yes, the tax treaty applies to you on both of your Form 1040-NR and 1040 if you meet its criteria.  For more  information, see

-As TurboTax does not support any nonresident tax forms, you are advised to contact Sprintax which is affiliated   with TurboTax to help international students and nonresident aliens with their US tax returns.If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal   Revenue Service on Form 843, Claim for Refund and Request for Abatement

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