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posted Jun 4, 2019 2:08:49 PM

I'm currently on F-1 visa. I'm not required to pay SSN & medicare taxes as per my status, however my employer has withheld the amount How do I get a refund?Please advise

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Intuit Alumni
Jun 4, 2019 2:08:50 PM

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  After the five years period, you will start counting days by using the Substantial Presence Test  to see if you qualify to be treated as a US resident for tax purposes.  If you are within the five years period of time frame, you are not entitled to pay any FICA taxes.  You will need to file a Form 843 to claim the withholding back. However, if you are on F-1 visa including OPT for more than 5 calendar years, you are not exempt from FICA taxes. 

https://www.irs.gov/uac/form-843-claim-for-refund-and-request-for-abatement

1 Replies
Intuit Alumni
Jun 4, 2019 2:08:50 PM

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  After the five years period, you will start counting days by using the Substantial Presence Test  to see if you qualify to be treated as a US resident for tax purposes.  If you are within the five years period of time frame, you are not entitled to pay any FICA taxes.  You will need to file a Form 843 to claim the withholding back. However, if you are on F-1 visa including OPT for more than 5 calendar years, you are not exempt from FICA taxes. 

https://www.irs.gov/uac/form-843-claim-for-refund-and-request-for-abatement