employer is asking me to pay backdated social security and medicare taxes
Hi,
I have been working with my employer 'X' since Jan 2012 till now. I was on F1 visa from March 2011 till Oct 1st 2012 when my employer filed H1B for me. X did not withhold social security and medicare taxes from my wages until Apr 2013.
I got H1B approval notice in Oct 2012 from HR and assumed that they would take care of notifying it to payroll. When I checked my W2 for 2012 and noticed that social security and medicare was not withheld, I notified HR in March 2013 that they should withhold medicare and social security taxes from my wages.
I have already filed my taxes for 2012 and paid all the taxes that I owed. As I do not pass substantial presence test, I do not owe social security and medicare taxes for 2012 and I did not pay them.
Now my employer is asking me to pay my part of taxes for 2012(from Oct to Dec). My HR also told me that it was a mistake from the side of HR that they failed to notify payroll. She also mentioned that they need to backdate this change.
My question is, is it legal to ask me to pay backdated taxes? I don't want to pay the taxes that I don't even owe, and then file amended tax return to get it back from the IRS.
What should I do?