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Level 2
posted Feb 16, 2021 7:44:43 PM

FICA taxes and the substantial presence test for F-1 student

I am an F-1 student and I may have just found out I passed the substantial presence test for tax year 2020. I assume that makes me subject to FICA taxes for the entire year of 2020.

 

My employer currently doesn't withhold any social security or Medicare taxes from my paychecks. If I confirm I am indeed a resident for tax purposes, how do I get this situation corrected with my employer?

 

I have not yet completed my tax return for 2020.

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1 Replies
Expert Alumni
Feb 19, 2021 8:25:25 PM

If you were required to pay FICA taxes and your employer did not withhold it, I would suggest you communicate with your employer to resolve the issues.  They might need to issue you a corrected 2020 W-2 thus you may need to amend your tax return later. 

 

I am attaching a few links here for your reference:

 

FICA withheld discussion

Employer must withhold