Reply to My question

The withholding of Social Security and Medicare taxes from the employee is the sole responsibility of the employer. If he fails to do it, the employer becomes responsible to pay both the employer's and the employee's share of the Social Security and Medicare taxes.

The only way you can be held responsible is if you failed to notify your employer of your visa status change from F-1 to H-1B.
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Thanks for your answer.

Is there any possibilty of TAX guys coming back to me asking for Social/ Medicare in future.....if this happnes how am I supposed to prepare myself now?


Q -

AtlantaTaxExpert

KKK:

Not under current law.

Social Security and Medicare taxes are considered employment taxes, and the IRS deals exclusively with the employers to collect them.

kkk

Thanks a lot for your help

AtlantaTaxExpert

Glad to help!

pingsmile

My employer has NOT been withholding my social security and medicare even my visa status changed from OPT to H1b half a year ago. If it's solely the employer's responsibility, should I notify my employer they should have withheld it or at least start withholding it? If I could, I don't want to pay social security tax at all, since I'm not even sure I'm gonna stay here for as long as 10 years to qualify to claim the money back. thanks!

AtlantaTaxExpert

PingSmile:

You have the LEGAL RESPONSIBILITY of notifying your employer of his/her mistake. If you do not, then the employer MAY have an argument (albeit a weak one) that you should be on the hook for some of the tax if the IRS ever catches up with them.

At the very minimum, it would NOT look good on your record should you ever decide to apply for a Green Card.

Something to think about.

admilay

My payroll department have just informed me that they should have deducted social and medicare taxes from my paycheck for the past two years but they did not. They've just realized I am H1-B and informed me that H1-Bs are required to pay these taxes. Now they are planning to fix this by requiring me to make up for the deductions that should have been made in the past. Am I really required to pay for the past deductions that should have been made by the employer? If not, is there a legal document that would support my argument? Thanks!

AtlantaTaxExpert

Redundant question; already answered.