FICA not withheld

[Sahils57]

I'm on F1 visa and thought I was exempt from SS and Medicare, so I asked my employer to not withhold FICA from my paycheck, but it turns out that in 2019 I was a resident Alien and I owe FICA. I haven't filed taxes for 2019 yet. Do I need a new W-2 or will turbotax calculate what I owe the government for FICA?

[AmeliesUncle]

You need to correct it with your employer, and pay your employer the amount that SHOULD have been withheld from your pay.

But before you do that, you might want to double-check that you do qualify as a Resident Alien.

[Anonymous]

If you are on F1 visa, you should be non resident alien.

[Sahils57]

I started school in 2014 as undergrad, graduated 2018 am on my OPT Extension. so after 2018 (5years) I think I qualify as resident alien. 

Would they have to issue a new W-2 then after I pay them. Not sure what the exact procedure is. 

@Anonymous @AmeliesUncle 

[Anonymous]

I do not see the 5 year rule here.

https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student

Please reverify.

[Anonymous]

You can use this information:

When a Student is Not Exempt

You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, student, Exchange Visitor, or Cultural Exchange Visitor on an "F, " "J, " "M, " or "Q " visa for any part of more than 5 calendar years, unless you establish to the satisfaction of the IRS that you do not intend to reside permanently in the United States, and you have substantially complied with the requirements of your nonimmigrant status. The facts and circumstances to be considered in determining if you have demonstrated an intent to reside permanently in the United States include, but are not limited to:

1. Whether you have maintained a closer connection to a foreign country, and
2. Whether you have taken affirmative steps to change your status from nonimmigrant to lawful permanent resident as discussed under Closer Connection to a Foreign Country.

[AmeliesUncle]

Yes, they would need to file all new payroll forms with the IRS and issue a new W-2.  It is possible that the employer may 'charge' you a fairly large fee for telling them the wrong information because they have a lot of work to do to fix it.

@Anonymous  Re-read that link you added, as it DOES mention the 5 years.  A F-1 visa student is usually only a Nonresident Alien for the first 5 calendar years.

[Sahils57]

Right @Anonymous since 2018 was my 5th Calendar year. In 2019 I was not exempt of FICA. Am I understanding this correctly? 

If I am what do I have to do to pay those taxes I asked my employer to not withhold. 

[Anonymous]

Thanks @AmeliesUncle  for pointing that out!

But the link also says that if @Sahils57 is able to show closer connection to home country, they can file as non resident alien.

[AmeliesUncle]

@Anonymous   

Correct.  But the 'default' is that he would be a Resident, and in order to claim the 'closer connection' and file as a Nonresident, you need to prove it.  And I STRONGLY recommend if you want to try that, to go to a tax professional that specializes in Nonresident Aliens.  Do not do it yourself or with a do-it-yourself tax program.

Although it depends on the situation, but in many cases filing as a Resident will result in less tax, so even if you can prove the "closer connection", it may not be a good idea to do so.  Which is another reason to go to a tax professional that specializes in Nonresident Aliens.