Non resident alien tax

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What is the name of your state? Georgia

Hi. I am a non resident alien on an F1 visa, who has been living in Georgia since September 2004. Prior to that I lived in Texas with the same visa status. I earned a small income in both states during this year. I just discovered that I am required to file a Georgia as well as a federal tax form.

In both states, social security and medicare contributions have been deducted from my wages. I just read that F1 students are exempt from these deductions. Can you advise me as to how to reclaim these monies? I have been unable to find the relevant form online.

Is there a special tax form I should fill in in Georgia due to my status as a non resident alien? I haven't been able to find one.

Thanks in advance for your help.

Kirsty

 

[abezon]

You file a 1040NR & Form 8843 every year for 5 calendar years, then you file as a resident if you're still in the US. Most states don't distinguish between residents who file a 1040 & students who file a 1040NR. Consult a GA tax pro -- there should be someone near the University who deals with international student returns & knows the GA laws off the top of his/her head.

You are exempt from SS/medicare taxes on campus jobs that are performed to carry out the purpose for which you were admitted to the US. You pay SS/medicare taxes on regular jobs. Helpful link: http://www.irs.gov/faqs/faq13-6.html

Since you are a NRA, you need to check if there is a treaty provision that overrides the default answer. Here's a link to the current treaties: http://www.irs.gov/businesses/corporations/article/0,,id=96739,00.html

For a refund of social security taxes:
Refund of Taxes Withheld in Error
If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. 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. Attach the following items to Form 843.

A copy of your Form W–2 to prove the amount of social security and Medicare taxes withheld.
A copy of your visa.
USCIS Form I-94 (Arrival-Departure Record).
If you have an F-1 visa, Form I-20.
If you have a J-1 visa, Form IAP-66 or Form DS-2019.
If you are engaged in optional practical training, Form I-766 or Form I-688B.

A statement from your employer indicating the amount of the reimbursement your employer provided and the amount of the credit or refund your employer claimed or you authorized your employer to claim. If you cannot obtain this statement from your employer, you must provide this information on your own statement and explain why you are not attaching a statement from your employer or on Form 8316 claiming your employer will not issue the refund.

File Form 843 (with attachments) with the IRS office where your employer's returns were filed. If you do not know where your employer's returns were filed, file Form 843 with the Internal Revenue Service Center, Philadelphia, PA 19255.

 

[defulio]

Thank you very much for your help.

Kirsty

 

[abezon]

So, from what country do you hail?

 

[defulio]

I'm from the UK (though I'm gradually losing my accent )