F1 Taxes - Social Security and Medicare

[mnm0710]

So here is my story.

Came to the US under H4 in 2004

Switched to F1 in May 2010

Got OPT starting 2012

Worked through most of 2012 and into 2013.

Talking to the IRS today they said unless I'm in F1 category for 5 years with respect to 2012 then I am a non resident for tax purposes and as such I would not have needed to have Social Security and Medicare withehld from my paychecks.

Any thoughts or experiences with this?

[chtummala]

hmm .. did IRS told this or this is u r interpretation ??

people in f1 visa comes under noresident tax exemptions for 5 yrs. after 5 yrs they will treated as resident tax terms ..

[livliv]

Resident status and FICA taxes are a separate matter.

[mnm0710]

Hello,

I called the IRS and they did a "on-the-call" test with me to determine it. The part that I'm sort of confused about is:

Is it 5 years OR 5 years on F1 visa. The IRS person interpreted it as 5 years preceding 2012 in a F/Q/J visa. Since I was only on F1 for 2 years for the 2012 tax year then should I not have had to pay those taxes. The reason I'm asking is I'm going into another job and I'd like to let them know before hand.

[chtummala]

Hello,

I called the IRS and they did a "on-the-call" test with me to determine it. The part that I'm sort of confused about is:

Is it 5 years OR 5 years on F1 visa. The IRS person interpreted it as 5 years preceding 2012 in a F/Q/J visa. Since I was only on F1 for 2 years for the 2012 tax year then should I not have had to pay those taxes. The reason I'm asking is I'm going into another job and I'd like to let them know before hand.

you dont have to pay taxes

[chtummala]

Resident status and FICA taxes are a separate matter.

http://www.irs.gov/publications/p519/index.html

IRS tax terms are diff and immigration resident status is different..

[JoeF]

Hello,

I called the IRS and they did a "on-the-call" test with me to determine it. The part that I'm sort of confused about is:

Is it 5 years OR 5 years on F1 visa.

5 years in the US.

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Student-Liability-for-Social-Security-and-Medicare-Taxes

Foreign students in F-1, J-1, M-1, Q-1 or Q-2 nonimmigrant status who have been in the United States more than 5 calendar years are RESIDENT ALIENS and are liable for social security/Medicare taxes

(emphasis mine).