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newtotax
Feb 4, 2009, 12:09 PM
Hi,

I'm sorry to report this but I was worried that my question was overlooked. I have read a few other similar thread on this forum but I am still confused about the FICA tax issue.
I had been in the US since 2003 on F1 visa. I was working at my university before I graduated (up until April 2008). I started work on OPT since June 2008. My questions are:

1. Do I have to pay FICA tax for the period that I worked at my university on F1? Is work at university exempt from FICA?

2. I believe I have to pay FICA tax from June 2008 to Dec 2008 since I am a resident alien for tax purpose. My company, however, insists that they do no withhold FICA for F1/OPT. What are my options?

3. When I file my tax return using form 1040, do I need to fill in line 58 which says "unreported social security and medicare tax" with an attached Form 8919?

4. I saw on another thread that because we are now in a new calendar year, my employer cannot legally make me pay the FICA tax I owe for the year 2008. Is that true?

I thank you in advance for your answers. Sorry for the numerous questions. I am just keen to be on the right track.

MukatA
Feb 6, 2009, 03:21 AM
For 2008 file resident tax return. You can not pay FICA taxes yourself so do not do anything on the tax return.
You should send an email to your employer stating that your are resident after 6 years and your income is subject to FICA taxes. Read about F1 tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

newtotax
Feb 6, 2009, 11:54 AM
Thank you, MukatA!