Social Security/ Medicare Refund for F1 visa working on OPTX

[zubinjivani]

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?

[bine22]

ow long have you been on F1/OPT?

[zubinjivani]

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

[zubinjivani]

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.

[bine22]

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

[zubinjivani]

I came in Aug 2010

[nikunj-karani]

@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]

<a rel="nofollow" target="_blank" href="http://www.irs.gov/pub/irs-pdf/f843.pdf">http://www.irs.gov/pub/irs-pdf/f843.pdf</a>

[bine22 · Accepted solution]

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).

[zubinjivani]

Thanks you soooooooo much for the detailed information!!! Really Appreciate!

[bine22]

You are welcome. Technically, the letter from the employer is not required, but makes the whole process a lot easier.

[chunchihyeh]

Hi I have a question. My OPT was between 6/6/14 and 6/5/15. My company filed my H1B cap petition to the USCIS on 3/31/15. I received the H1B Receipt Notice on 4/17/15 (also Approval Notice on 9/23/15, H1B valid from 10/1/15). So my OPT was automatically extended to 9/30/15 (This was also written in my I-20). My question is: when I claim FICA, should I claim the period between 1/1/15 to 6/5/15? Or I can actually claim the period between 1/1/15 to 9/30/15? Thank you.

[abhion92]

My employer is not able to provide me the statement. Can someone let me know what exactly needs to be written as my own statement about my request to employer was unsuccessful.?

An exact letter format is what I am looking for.

[deepthi26]

I have another question - Where did I need send those documents & application? which IRS Office? Can I send to same IRS office where I file for Federal tax file returns? or Can I file online through turbotax @bine22

[msapre1]

I filed application of FICA return for 2014 using Sprint Tax, but still haven't received refund.

I even tried to contact the local IRS office but its of no help.