Client has F1 Visa. In USA from 2015 to current. I am filing 2019 tax return. So for 2019 tax purposes client has been in the business for less than 5 years. Should I file 1040 NR? Also if I file 1040 NR then OI can get FICA tax back by filing 843 form. Do I need to file 843 at the same time or can I file later? Thanks!
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Yes, the 5th year of a F-1 visa would be a Nonresident Alien on Form 1040NR.
The first thing to try is to ask the employer to fix the FICA. If they don't, THEN file 843. That is a separate filing from the 1040NR and does not need to be filed at the same time. -
When you say "been in the business" is that a colloquialism meaning he has been on the visa for 5 years or is he really participating in a business? I ask because the F1 is a student visa normally allows the holder to work on campus only. They can work off campus for an internship or for one year after graduation. They cannot count time in the U.S for substantial presence while in this status. They will need to file the 1040NR for their tax return
https://www.irs.gov/individuals/inte...-presence-test
So yeah, file the 843 and also the 8316 if social security tax
https://www.irs.gov/individuals/inte...elf-employment
Hopefully this was for on campus employment and they did not work off campus without the EAD card (issued for the year after graduation)Comment
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