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View Full Version : Can I claim FICA excemption for short term gains


aforaslam
Jul 25, 2007, 03:15 PM
Hello,

I am working full-time and am currently on my OPT, therefore I am FICA exempt.
Some of my stock options vested recently and I sold a part of it. Now, under my E-Trade
Account I see that there is a total tax deduction of 43.13% :fell off my chair:

My question is will I be able to get my FICA exempted (about 9%) while I file my
Tax returns for this year?

Additionally I was awarded some bonus this year. The tax on the bonus was more than
That they usually deduct from my ordinary salary (since FICA was not exempted on it). Will I
Also be able to get it back during tax returns?

Just Curious :rubbing hands together: :D

Best,
AT

AtlantaTaxExpert
Jul 27, 2007, 10:53 PM
AT:

If the options were exercised and sold during your OPT period, then you should be able to claim a refund of the withheld Social Security and Medicare taxes using Form 843.

aforaslam
Jul 27, 2007, 11:30 PM
Hello,

I am working full-time and am currently on my OPT, therefore i am FICA exempt.
Some of my stock options vested recently and i sold a part of it. Now, under my E-Trade
account i see that there is a total tax deduction of 43.13% :fell off my chair:

My question is will i be able to get my FICA exempted (about 9%) while i file my
tax returns for this year?

Additionally i was awarded some bonus this year. The tax on the bonus was more than
that they usually deduct from my ordinary salary (since FICA was not exempted on it). Will i
also be able to get it back during tax returns?

Just Curious :rubbing hands together: :D

Best,
AT
Thanks a bunch! I will assume this will also apply to the bonus as well.

AtlantaTaxExpert
Jul 29, 2007, 09:42 AM
It should apply to the bonus as well.

aforaslam
Feb 28, 2008, 07:27 PM
It should apply to the bonus as well.

OK. Now this is weird. I was in the process of filing my taxes for 2007,
And my tax consultant says that Short term gains are not FICA exempt
For OPT candidates :eek:

I have already filed my taxes (he put me as non-resident 1099 - as I was on OPT
Pretty much for the whole 2007). What do you suggest?