Hello,
I was working as a student on OPT during the year 2008 and 2009. I joined Motorola during my initial OPT period. I was unfortunately laid off by my company. I got my OPT Extension before the layoff and I had not reported the extension to the company, due to the above reason. Can I claim a refund for my Social Security and Medicare on my 2009 tax filing.


Your answers will be appreciated.


Thanks

AtlantaTaxExpert

Yes, you can claim the refund of FICA (Social Security and Medicare) taxes withheld in 2008 and 2009 by Motorola, by filing Form 843.

However, you must first attempt to get the refund through Motorola. If they refuse, try to get a refusal letter on company letterhead. This letter is NOT ABSOLUTELY ESSENTIAL to get your refund via Form 843, but it does make the process go faster.

roahanramesh

Thanks for your reply. However, when I file the F843 form, do I also need to provide a copy of my OPT EAD Card as proof.

MukatA

For 2009, you should be able to get it back from the employer. On F1/OPT you are exempt for 5-years.
Write to employer. You can attach a copy of page 48 of IRS Publication 519: Tax for Aliens.  (Read Social Security and Medicare Tax-- Students and Exchange Visitors.

AtlantaTaxExpert

Yes, the OPT EAD card can be submitted as one of the support documents with Form 843.