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taewon3511
Returning Member

OPT to H1B tax filing for 2019

I'm not sure I'm eligible to tax report as nonresident or resident

F-1 (including OPT): 2016 Sept. 1st ~ 2019 Nov. 19th.

H-1B: 2019 Nov. 19th ~ current

Started working on Feb. 4th, 2019.

2017 and 2018, I reported as nonresident (using Sprintax)

But for 2019, am I considered as resident and can I use turbotax to report the tax? (I think I'm not considered as a resident).

Also, many people mentioned about 'Dual-Status Aliens.

I've looked into the IRS website and find this one,2020-02-21 13_55_04-Taxation of Dual-Status Aliens _ Internal Revenue Service.png

 

Because I'm not considered as a resident, it doesn't apply to me?

If it applies to me, does it mean that I have to file two documents, one from Turbotax and the other from Sprintax?

 

Last question is, on my paystub and W-2, there is no FICA TAX (no social security and medicare taxes).

From what I've known, I have to pay FICA tax since Nov. 2019 (after H-1B approved).

Is it correct and does it mean I already owe FICA tax since Nov. 2019?

(Latest paystub also did not show any FICA taxes).

 

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1 Reply
pk
Level 15
Level 15

OPT to H1B tax filing for 2019

@taewon3511  -- as I read your post , I get the following ( just to confirm my understanding )

1.     you entered on F-1 visa in 2016 -- thus your five year exemption period ( assuming  that you had not been to the USA at any other time ), runs  2016, 2017, 2018, 2019 and 2020

2.     your OPT  ran from Feb4th. 2019 through  Nov. 19th. 2019

 

3. Your status was changed to H-1B on Nov 19th. 2019.

 

If the above is correct then , you would be a Non-resident Alien  for all of 2019  ( you do not pass the substantial present test  --  start counting days present from adjustment of status. ).

 

So for 2019 tax year you still file 1040-NR ( use SprinTax or similar ).  FICA is not collected for OPT period ( because you are  in training ).   FICA is due  thereafter i.e. for the days  since your change of status.

You need to make sure  your employer's records are updated  so that your FICA shows up  for the last period of  2019 and  going forward -- perhaps  your  personnel dept. can issue a corrected W-2.

 

BTW -- which country are you from ?

 

Does this answer your query ?

 

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