I am now in a very wired situation.

I work on my OPT since Jan. 2008 and then later in Oct. my H1B visa took effects. But my company didn't withheld the social security tax and medicare tax. Now I am filing the tax return form, should I use the form 8919 to do this work for those money getting from Oct.

Thanks!

Talk to your employer that your income during H1-B is subject to FICA taxes. Ask them to collect it from you.

Thanks for you reply.

I could ask my firm to withhold that money from now on. However, what about the days that had already passed, let's say here from October to December last year? How can I ask my firm to withhold that money? Do I have to use form 8919 to pay those money to IRS?

Your employer should be able to collect now from your current paychecks for the prior period.

Quote:

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Originally Posted by IntlTax

Your employer should be able to collect now from your current paychecks for the prior period.

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Does that mean I don't need to pay anything when filing 1040NR form?

Thanks!

If you can't get your employer to withhold the FICA tax, you should pay with your 1040NR by completing Form 8919 and attached an explanation.

Quote:

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Originally Posted by IntlTax

If you can't get your employer to withhold the FICA tax, you should pay with your 1040NR by completing Form 8919 and attached an explanation.

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But I didn't find any reason code fit for me on Form 8919? I don't know whether I have file SS-8 or not. What reason code should I use?

Thanks!

I would put "see attached" in the space where it asks for the code and explain the situation in an attachment.