Filling as Dual Status

Hi,

I'm filling as Dual Status for 2020 with First Year Choice. My question is that since I'm only resident part of the year how should I import my W-2? Do I need to manually calculate my income, withhold, etc? My company did FICA wrong and deduct them in my 2021 paycheck, should I consider that as well?

I looked at the help article but it only asks to put 1040NR federal withhold to Schedule 2 line 8 which I can't change.

Thanks in advance.

520

Level 15

Jun 21, 2021 6:49:55 PM

@Anonymous

1. I am missing something here -- dual status and first year choice do not compute. It is one or the other for the year

2. Ideally you do not want to update W-2 -- ask your employer to issue you a W-2c --- because IRS will generally go by the copy they have received from the employer.

3. Generally, your employer is responsible for part of the FICA contribution and cannot arbitrarily do a lump-sum ( if that is what you mean ) contribution in the following year.

4. For all of the above reasons we really need more detail of the situation-->

when did you come into the country first and what visa; are you married and if so to another NRA or resident or citizen or ?; which country are you from; what type of work did you do in 2020 and was this your first year of work; how did you file for 2019 ? anything else ?

Also note that TurboTax does not support diual status filings even though one can definitely use TurboTax to do the 1040 and do the 1040-NR by hand and submit by mail.

stay safe

Not applicable

Jun 21, 2021 7:05:25 PM

Thanks for reply! Sorry I should put all my backgrounds XD

I'm partially on F-1 OPT in 2020 then I become H-1B on October. Thus I didn't pay FICA before October and the payroll forgot that I do need to pay them after my status become H-1B. They corrected it by a "lump sum" in my 2021 pay check.

For the questions:

1. I filled extension and I use First Year Choice now, to be Dual Status in 2020. This way I pass substantial presence test June this year. https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

2. I'm not sure if it's an "error". https://www.irs.gov/forms-pubs/about-form-w-2-c

3. I'm not sure if I follow. To my understanding my employer should withhold FICA after my status changed to H-1B but they didn't, and instead withhold the missing amount in my 2021 pay check.

For other background information:

1. 2020 it's my first year working full-time, in F-1 OPT and H-1B.

2. I filled 1040NR in 2019.

3. I'm not married.

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Filling as Dual Status