I was on F-1 from September 2001 to May 2006. I was then on OPT from May 2006 to Nov 2006. I read that you can claim a FICA exception for only 5 years. My university and my employer did not withold FICA taxes for 2006. Do I need to inform them and get the FICA taxes witheld.

Thank you,
Thomas

AtlantaTaxExpert

Thomas:

I disagree with Dogg.

The IRS holds the employer responsible for paying FICA taxes and withholding the employee's share from the employee's pay.

If you notified your employers about when you entered the U.S., it is their responsibility to know and comply with the law. You will only be held responsible if you made an active attempt to keep your visa status secret.

Now, if you worked for the university as a student, then it is likely that you are exempt from FICA taxes regardless of your visa status.