Filed wrong 2018 tax: Husband H1b Wife OPT

[iam1234567]

Hi, 

My wife was on F1 OPT visa the whole 2018, and I was on H1b visa. We filled in 2019 using turbo tax. Now I realize in 2020 Jan that,  she is not required to pay FICA tax while on OPT. 

Can I amend my tax filing in 2019 and possibly get some money back if my wife's FICA was considered?   

[LinaJ2020 · Accepted solution]

No, you cannot amend the 2018 tax return.

If there is FICA tax withholding shown on her 2018 W-2, you will have to report it on the 2018 tax return so to match the IRS records.  You cannot just amend to change the information on the tax return unless her employer went back and adjusted the information on her 2018 W-2. 

Since it appears that her employer might have reported her taxes incorrectly on her W-2 ( that F-visa OPT holder is not subject to FICA), she would need to contact her employer to resolve the issue.  If she cannot obtain the FICA (Social security and Medicare taxes) from her employer, you can file a Form 843 "Claim for Refund and Request for Abatement" to request a refund from IRS. 

To file a Form 843, click here https://www.irs.gov/forms-pubs/about-form-843