pk
Level 15
Level 15

After you file

@BLR006 , generally students with F-1 visa  and working on OPT, are still considered  in "training" and hence   exempt from FICA taxes .  Of course  this is valid as long as the entity & the work meets the requirements of  OPT.   I would generally assume  since the INS has approved your OPT extension to F-1, this entity and work must be a qualified  placement  and therefore you are exempt from  FICA.   The rules for this "exception" FICA, is  laid out  in Rev. Proc. 2005-11.  Generally what it means  is that either you are a  full or half time student while on OPT or you are not a "professional employee" then the exception is applicable.

 

Since you suspect that you are subject to FICA taxes , can you please tell me  (a) your student status; (b) the employer's association or otherwise to the School where you are enrolled; (c)  relationship with employer -- do you get all the benefits  ( vacation, sick leave, pension plan participation etc., etc that "employees" are eligible for  ); (d) are you a full-time or part-time employee. (e) etc. etc.

I will circle back once I hear from you .  BWT -- which country are you from   ( in case treaty conditions/ assertions apply ) ?

pk