FICA exemption on F1

[Anonymous]

Hi, I'm on F1/OPT working for a company right after graduation. I've been in the states since 2013 Jan - present. Instead of 1040NR, I've been filing with 1040 which includes FICA taxes being withheld by my company from 2017, 2018 and, 2019. Can I submit a 843 abatement form for those years? I did the presence test on January 2, 2020 and the result came out as non resident alien.

[KurtL1]

Yes, you can file a Form 843 to request a refund of the Social Security and Medicare taxes that were withheld on your payroll per the .U.S. Tax Guide for Aliens (Page 44)

Form 843

Form 843 Instructions  

 
You must file a separate From 843 for each tax period. You should attach a copy of the W-2 you received for each of the tax periods. In addition you should also include a copy of your Visa showing your F-1 status.

In the explanation you should include the date you entered the United States.