Hi,

I wanted to ask if it is easy for my employer to release my FICA taxes withheld for the last one year. I am on my F1 OPT visa and do not require to pay the FICA taxes. I file my tax return as NR. The amount on my FICA is a lot; close to 4000 and I am wondering if my employer will be able to give it back easily, without a lot of trouble, before the filing of this year's tax returns.

Thanks.

It is relatively simple for the employer to amend the Form 941 they file each quarter to adjust the withholding to show your exempt status, then refund the money to you.

However, many employers are NOT aware of this fact, because they out-source the filing of these forms to a payroll service. Many payroll services charge exorbitant fees to make these adjustments/amendments, which may be the reason why your employer is unwilling to help you in this matter.

Note that recovering improperly-withheld FICA (Social Security and Medicare) taxes is a separate process from filing your annual income tax return. You need to get a refusal letter from your employer, then file Form 843 and 8316.

If you want professional help filing these forms, email me at [email protected].