Follow-up question from Swapnil based on the article Which is Better : Working in OPT or H1B Visa
I have a question regarding FICA taxes. As a OPT student, I am exempt from FICA taxes, but these taxes are still getting deducted from my salary. I know that I can file for refund of this money to IRS. But I was wondering if there is any way to stop these deductions from my salary itself. (So that I don’t worry about filing for a refund). I checked this with my employer. But company people were not sure. and I wanted to check with IRS but I could not due to shutdown. It will be great if you could throw some light on this.
OPT and FICA Taxes
- As per IRS you don’t have to pay FICA Taxes (Social Security and Medicare)
- Employer’s payroll processing team should be aware of this, if not no worries, you can educate them.
- Worst Case : If they continue to deduct the FICA taxes, you can claim it back while filing your taxes in April.
IRS : FICA Taxes and OPT Students
Following is taken from IRS Website
Nonresident aliens, in general, are also liable for Social Security/Medicare Taxes on wages paid to them for services performed by them in the United States, with certain exceptions based on their nonimmigrant status. The following classes of nonimmigrants and nonresident aliens are exempt from U.S. Social Security and Medicare taxes:
F-visas, J-visas, M-visas, Q-visas. Nonresident Alien students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 nonimmigrant status are exempt on wages paid to them for services performed within the United States as long as such services are allowed by USCIS for these nonimmigrant statuses, and such services are performed to carry out the purposes for which such visas were issued to them.
- Exempt Employment includes:
- On-campus student employment up to 20 hours a week (40 hrs during summer vacations).
- Off-campus student employment allowed by USCIS.
- Practical Training student employment on or off campus.
- Employment as professor, teacher or researcher.
- Employment as a physician, au pair, or summer camp worker.
You can ask your employer to read the IRS site about FICA Taxes. If they continue deduct taxes, then you can request refund of FICA Taxes withheld from you pay check back from IRS.
Following is the procedure to get FICA Taxes Refund ( from IRS Site)
OPT FICA Refund
If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund.
If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement (PDF). Attach the following items to Form 843:
- A copy of your Form W-2 to prove the amount of social security and Medicare taxes withheld,
- A copy of the page from your passport showing the visa stamp,
- INS Form I-94,
- If applicable INS Form I-538, Certification by Designated School Official, and
- A statement from your employer indicating the amount of the reimbursement your employer provided and the amount of the credit or refund your employer claimed or that you authorized your employer to claim. If you cannot obtain this statement from your employer, you must provide this information on your own statement and explain why you are not attaching a statement from your employer.
- If applicable, Form 8316,Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on Wages Received by a Nonresident Alien on an F, J, or M Type Visa (PDF)
File Form 843 (with attachments) with the IRS office where your employer’s Forms 941 returns were filed.
You can locate the IRS office where your employer files his Form 941 by going to Where to File Tax Returns.
Hope this helps. Let me know if you have any questions.