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-   -   Can I claim FICA excemption for short term gains (https://www.askmehelpdesk.com/showthread.php?t=113482)

  • Jul 25, 2007, 03:15 PM
    aforaslam
    Can I claim FICA excemption for short term gains
    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
  • Jul 27, 2007, 10:53 PM
    AtlantaTaxExpert
    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.
  • Jul 27, 2007, 11:30 PM
    aforaslam
    Quote:

    Originally Posted by aforaslam
    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.
  • Jul 29, 2007, 09:42 AM
    AtlantaTaxExpert
    It should apply to the bonus as well.
  • Feb 28, 2008, 07:27 PM
    aforaslam
    Quote:

    Originally Posted by AtlantaTaxExpert
    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?

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