FICA Refund

[Mehul_Parekh]

If my employer deducted FICA tax but since I was on OPT I am not liable to pay FICA. Then I started new job. Later I asked my previous employer during tax filing regarding the refund. He gave me corrected W2 but by that time I already filed with taxes with my old W2 that had FICA deductions on it. I didn't receive FICA refund from employer but received the W2. Now employer is not responding to my questions about how I would receive my refund. Any thoughts on what I should be doing?

[JohnB5677]

What does the corrected W-2 show?  Does it show no amount in boxes 3 & 5, and the taxed amount in boxes 4 & 6.  If that is the case you may be able to file an amended tax return and recover those taxes.

[Mehullp2]

Thanks for the reply! Yeah it doesn’t show any amount in 3&5. So I should get that return from IRS? My employer said I should receive check last time we spoke. But didn’t say from where. I checked again asking for it since my address wasn’t the same as it is in that W2. That was my biggest concern. No reply after that. So I am not sure where I am supposed to get the refund from and where to look for it or track. Any idea about that? 

[JohnW222]

Right, you'll need to file with the IRS, using Form 843.

According to Refund of Taxes Withheld in Error on the IRS's Social Security Tax / Medicare Tax and Self-Employment page,

"If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund.

If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. Attach the following items to Form 843:

• A copy of your Form W-2 to prove the amount of social security and Medicare taxes withheld,
• A copy of the page from your passport showing the visa stamp,
• INS Form I-94,
• If applicable INS Form I-538, Certification by Designated School Official, and
• A statement from your employer indicating the amount of the reimbursement your employer provided and the amount of the credit or refund your employer claimed or that you authorized your employer to claim. If you cannot obtain this statement from your employer, you must provide this information on your own statement and explain why you are not attaching a statement from your employer.
• If applicable, Form 8316, Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on W... (PDF)

File Form 843 (with attachments) with the IRS office where your employer's Forms 941 returns were filed. You can locate the IRS office where your employer files his Form 941 by going to Where to File Tax Returns."

[Mehullp2]

Thanks! My employer said that he applied for refund. Not sure what that means. I am not sure if I still need to fill out this form, since one of the conditions is that if employer refuses to refund it. Sorry if I am confusing you more :(

[JohnW222]

No, that’s not confusing, that makes sense. 

Use your best judgment, of course, but if you do decide to file Form 843, please see Refund of Taxes Withheld in Error on page 43 of IRS Publication 519, U.S. Tax Guide for Aliens for specific instructions on what you’ll need to attach.