Social Security/ Medicare Refund for F1 visa working on OPTX

Forum|Forum|7 years ago
May 31, 2019
9 replies
0 views

I am on F1 visa and Work Authorization is OPTX. In the past 2 years, my companies have deducted Social Security / Medicare tax. As I am on OPT, I am exempt from paying SS/Medicare tax. Can I get it back via Turbo Tax or do I need to fill up some form seperately?

Best answer by bine22

First of all, you are a non-resident alien for 5 years on F1. That means from 2010 to 2014. As non-resident alien you would file form 1040NR or 1040NR-EZ plus form 8843.

These are not supported by Turbotax.

To get a refund of wrongly withheld FICA taxes, you first need to request a refund from your employer. IF they refuse, you should get a letter from them saying that they refuse to refund you the taxes.

Then file form 843 and 8316.

The application for the refund is independent of your tax return.

Include the following in your application:

form 843 http://www.irs.gov/pub/irs-pdf/f843.pdf
form 8316 http://www.irs.gov/pub/irs-pdf/f8316.pdf
a copy of the W2s showing withheld social security taxes
a copy of the pages in your passport showing your visa
a copy of your I94 card
a copy of your I20 (if applicable) to show CPT or OPT status
a copy of your EAD card (if applicable)
a statement that you requested a refund from your employer but were unsuccessful (the letter you received from your employer or your own statement)

Also make sure your tax filings are up to date and correct (even if you are not required to file a return, you always have to file form 8843 as NRA on F1).

bine22

Level 8

ow long have you been on F1/OPT?

zubinjivaniAuthor

Level 2

They deducted for the first few months and then once I informed them that I am exempt from it, they stopped deducting. But I need to file refund for the first few months that they deducted.

zubinjivaniAuthor

Level 2

I was on OPT. Now I am on OPTX (Extension) till Sept 2014.

bine22

Level 8

but when did you come to the US on F1/OPT? Doesnt matter if F1, OPT or OPTX (all the same for tax purposes).

zubinjivaniAuthor

Level 2

I came in Aug 2010

nikunj-karani

Level 2

@bine22
I arrived in the US march 2009 and filed taxes as non resident alien. This year, I am filing as resident alien, that being said, am I exempt from the social security and medicare? Thanks in advance for your help.

sunny1

Level 2

bine22Answer

Level 8

First of all, you are a non-resident alien for 5 years on F1. That means from 2010 to 2014. As non-resident alien you would file form 1040NR or 1040NR-EZ plus form 8843.

These are not supported by Turbotax.

Then file form 843 and 8316.

The application for the refund is independent of your tax return.

Include the following in your application:

form 843 http://www.irs.gov/pub/irs-pdf/f843.pdf
form 8316 http://www.irs.gov/pub/irs-pdf/f8316.pdf
a copy of the W2s showing withheld social security taxes
a copy of the pages in your passport showing your visa
a copy of your I94 card
a copy of your I20 (if applicable) to show CPT or OPT status
a copy of your EAD card (if applicable)
a statement that you requested a refund from your employer but were unsuccessful (the letter you received from your employer or your own statement)

Also make sure your tax filings are up to date and correct (even if you are not required to file a return, you always have to file form 8843 as NRA on F1).