Hi Tax Expert,
My employer did not know I am not suppose to pay SS and Medicare taxes. I told him 2days back and he already gave me my W2 forms. Now, Do I need to file Refund from IRS or force my employer to do it? My employer says to ask IRS because they have already issued W2. Please help me I am confused on this. If I ask IRS, what's the procedure and is it for sure I would receive the refund/

You need to get a refusal letter from the employer on company letterhead stating WHY they refuse to refund the FICA (Social Security and Medicare) taxes.

With that letter (it is NOT absolutely necessary, but it makes the refund process go faster), you can file Form 843 and 8316 to claim the refund of the FICA taxes.

If you need professional tax help with this, email me at [email protected].