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Kisitu
Dec 24, 2010, 09:13 PM
I am an international student from Uganda and came to Minnesota USA in May 2006. I graduated in December 2009 and I have been doing my OPT for 11 months. While still in college, I worked for a USA company as an intern and they deducted both SSN & medicare from my check. I am going back to my country end of January for good. Can I claim for a refund for both SSN and medicare? If yes where and what form do I have to fill out? Thanks!

joypulv
Dec 24, 2010, 11:49 PM
Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

File 1040NR within the 3 year statute of limitations.

lawanwadee
Dec 24, 2010, 11:53 PM
Yes, you are non-resident so you can get back Social Security and Medicare tax withholding by filing Form 843 & Form 8316.

joypulv
Dec 24, 2010, 11:56 PM
http://taxipay.blogspot.com/2008/03/non-resident-exempt-individual-social.html

File 1040NR and form 843 if employer won't just give the FICA back.

Kisitu
Dec 25, 2010, 09:17 AM
Thank you all for your quick response, really helpful!

AtlantaTaxExpert
Dec 27, 2010, 12:04 PM
Note that the IRS REQUIRES that you first attempt to get the FICA (Social Security and Medicare) taxes refunded through your employer. This can be done by his filing a Form 941C, even if the taxes were paid.

Further note: there is a three-year statute of limitation on claiming any refund, which means that if the FICA (Social Security and Medicare) taxes were withheld in 2006, it is TOO LATE to claim a refund.

For 2007, you must either get the refund through the employer or file Forms 843 and 8316 no later than 15 April 2011. Any request filed filed after that date will be rejected.

If you need professional help to file Form 843 and 8316, contact me at [email protected].