Employer did not report Social Security and Medicare

[arash_asadabadi1992]

I was previously on F1 status and therefore didn't need to file any social security and Medicare taxes but last year in 2020 my status changed to resident but my company did not change my tax deductions., so in my W-2 for 2020, box 3 and box 4 are still both blank. My employer says that I should do my taxes with the current W2 and later, IRS will  will most likely tell me the next steps on what needs to be done for the Social Security and Medicare needed to be paid. Is this correct? What will be next steps?

[pk]

@arash_asadabadi1992 , I am not sure  of the  true situation here ---- so please answer a few questions first --

1. when did you enter the USA with F-1 ?    Was  this your first visit to the USA;

2. when you say you became a resident -- what visa were you on in 2020;  

3. Is your employer the same  as the one that employed you ( OPT or STEM or similar programs  ) during 2019;

4. Which country are you from

5. Are you married and if so to whom ( US citizen/resident or a Non-Resident Alien )

6. How did you file in 2019

pk

[arash_asadabadi1992]

@pk 

1. when did you enter the USA with F-1 ?    I entered in 2015 so 2020 is my 6th year

2. when you say you became a resident -- what visa were you on in 2020;  I got my green Card in Juy 2020. Previously I was o F1

3. Is your employer the same  as the one that employed you ( OPT or STEM or similar programs  ) during 2019: Yes

4. Which country are you from: Iran

5. Are you married and if so to whom ( US citizen/resident or a Non-Resident Alien ) :No

6. How did you file in 2019

[LinaJ2020]

No, that is not correct.  Your employer is responsible for fixing it.  

When you were on a F visa and have not met the five years exempt period of time, you were not required to pay FICA taxes.  See link here: Who is exempt

However, if in the year 2020, your status has changed and you have become a resident for tax purposes, you are required to pay FICA taxes. 

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. 

You would need to contact your employer to fix it.  If they were not being co-operative, I will suggest you to contact the IRS.  

See TurboTax discussion here:  FICA withheld

Also see link here: Criminal Act

@arash_asadabadi1992