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atuldjadhav6233
Returning Member

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

I was hired on F1 -OPT in 2017 . However in Nov 2018 my visa changed to H1B visa.

I didn't realized that the employer is not deducting the FICA taxes for me even after converting to F1 to H1 Visa. I got to know about it when I saw 2019 W2 form.

So, What is the suggestion for me. Will the employer pay's the FICA taxes?

5 Replies
LinaJ2020
Expert Alumni

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

I will suggest you communicate with your employer to resolve the issues.  Your employer should be reporting and paying their portion of the employment taxes pursuant to the IRS and Federal Tax Deposit requirements.  By law, employers who do not comply with the employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes. I am attaching the following links for your references:

 

FICA withholding

 

Employer vs Employee responsibilities

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jutzt
Level 2

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

Hello @atuldjadhav6233 . How did you solve your case?

I'm in a similar situation: I held an F-1 visa until Sep 31st, 2020, and transitioned to an H1-B visa from Oct 1st, 2020. Due to an internal communication issue, my employer did not withhold FICA tax in October and November of 2020, after I had already transitioned to H1-B. 

@LinaJ2020  Any suggestions on how to proceed in this specific case and how can I pay my FICA taxes to IRS for the 2 months?

Thank you!

LinaJ2020
Expert Alumni

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

See link here:  https://www.irs.gov/compliance/criminal-investigation/employer-and-employee-responsibilities-employm...

 

If your employer refused to cooperate, I will suggest you to contact the IRS at 800-829-1040

 

@jutzt

 

 

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jutzt
Level 2

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

Thank you so much for sharing the link, @LinaJ2020 .

After my employer has issued new W-2 form with the correct FICA wages, will TurboTax be able to calculate the amount of FICA tax I own the IRS?  If not, do you know how I can calculate and pay the non-collected taxes?

LinaJ2020
Expert Alumni

F1 to H1B visa change however FICA taxes are not deducted for whole 2019 year

No, TurboTax does not calculate your FICA taxes you owe the IRS, unfortunately.   Are you referring to those two months when you changed from F to H visa in 2020?  If your employer is willing to re-issue you a corrected 2020 W-2 with the corrected FICA, the issue should be fixed.  I would suggest you to verify with your employer to make sure they straighten up the problem.   

 

 

Here is the FICA Tax Withholding Rates:

  1. The Social Security portion is your gross pay times 6.2% up to the maximum pay level for that year. 
  2. The Medicare rate is your gross pay times 1.45 %, with a possible increased 0.9% for high income employees. 
  3. Therefore, there is a total of 7.65% withholding, based on the employee's gross pay.

@jutzt

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