Can OPT student get federal tax return?

[leezhengze]

I filled tax return when I was studying at University and I did not receive the federal tax return. So, I am wondering that after I graduated from University and I am working as OPT, can I get the federal tax return?

[pk]

@leezhengze , I am not sure I understand the situation --

1. Did you file a federal return for the year 2020, 2021?

2. If you filed a return which form did you use -- 1040 or 1040-NR

3.  Which country are you from?

4.  Am I to assume that you are still on F-1 original or an extended  F-1

5. When did you enter this country with F-1 first ?

6. Was this your first entry into the USA ?  If not with what visa did you enter before and how long did you stay ?

pk

[Hal_Al]

It depends on what you mean by  "the federal tax return".

Whether you qualify, for any specific tax break (e.g. The refundable portion of the American Opportunity Tuition Credit of the Recovery Rebate Credit) depends on your residency status, not whether you are an OPT (Optional Practical Training) and whether you file a regular form 1040 or 1040-NR. 

see: 

https://ovis-intl.dartmouth.edu/taxes-legal/taxes/filing-us-taxes

[leezhengze]

I have already studied in the US for more than 5 years. I did file my federal tax in 2020 and 2021 as F-1 student by using 1040. So, my situation is I already graduated from University, and this is my first year of my OPT. Thus will I get the federal tax return?

[pk]

@leezhengze ,  agreeing with the comments from @Hal_Al , and noting that you have not answered all my questions ( needed for a focused answer ), :

(a)  assuming that you have been with F-1 for more than five calendar years  and therefore not immune to counting days present in the USA, you are probably a Resident for Tax purposes. Thus you are eligible to file on form 1040 ( which is supported by TurboTax).

(b) if your return  ( irrespective of  residency status ) showed a refund due of withheld taxes, and IRS processing agrees with that position, then , yes, you should get a refund due from the IRS.  Same is true for a state return.

(c) Note also that irrespective of your residency status, Tax treaty between your country of citizenship and USA may affect your refund amount -- therefore the question about your citizenship.

I would also like to point out that all of us volunteers always ask for info onl;y when absolutely required to provide a proper answer ( aligned  with the particular situation)  and not just  " in general" type of answer.  We  have no access to your information beyond what you post here and should be assured that never ( NEVER ) do we ask for personally identifiable information .

pk