Hi expert,

I am preparing my 2005 tax return but could not figure out how to do with FICA.:confused:
I did an internship last summer using CPT because I am a full-time international student and didn't inform my employer that time that I will claim myself as a resident alien because I was not familiar with the tax rules in the states and didn't know that if I jointly file the tax return with my husband, I am qualified as resident alien.

Since I have huge tuition expenses paid last year which deduct our federal tax a lot, it would be good for me to file as resident alien. The problem now is the employer didn't withhold FICA from my internship wages. So what should I do next? How can I make up for the FICA? (Btw, I don't work for that company anymore.)

Thanks a lot!!

Ealing:

Don't worry about the FICA taxes (for those interested, FICA is another way of naming Social Security and Medicare taxes).

Your status as a student exempts you from those taxes. The fact that you will file as a resident alien has no effect on that exemption.

Go ahead, file your return and go out and enjoy life. You are only young once!

Hi expert,
Thanks a lot for your prompt reply. However, this morning, one of my classmate who also did summer intern in the same company told me that she got FICA withheld. Besides, she is a green card holder in the united states. I am wondering whether all students exempt from FICA.

I also tried to look at the rules by myself and only found that student employed by university is exempted from those taxes. But I was off-campus employed. Still confused. :(

Your help will be very much appreciated. Thanks a lot.

Ealing

Ealing:

I made the assumption that you were on F-1 visa status. If so, then what I told you stands.

Since your friend was a green-card holder, she has to pay SS and Medicare taxes.

If you are a F-1 visa holder, ask for a refund from the employer. Get the refusal (trust me, they will refuse) in writing.

Then download IRS Pub 519 and refer to page 46 for documents need to ask for a refund of your SS and Medicare taxes.