[pnayak]

Hi All,

I worked on OPT from Nov. 2005 until August 2006. During this time my employer withheld SSN and Medicare taxes from my pay. I found out recently that I can claim this money.

Reading IRS publication 519 and some of the other posts on this site I understand that I have to contact my employer to try to get refund. Is contacting the employer a necessary step (I left in August 2006 and not on good terms with him), Can I say on the form 8316 that I haven't worked for this employer in 2 years so I'm just filing this form without contacting the old employer?

If it is necessary I am planning to send him a letter. Could anyone please let me know what should be the content (if anyone has an example or some rough idea would also suffice)?

Purush

[AtlantaTaxExpert]

Yes, it IS a necessary step, but Form 8316 is provided as an alternative in recognition of the fact that employers will not always cooperate.

However, you MUST make an effort to get the letter from the employer. Personally, I would use email.

Review IRS Pub 519 (pages 46-53) and cite pertinent passages as the basis for your request for the refudal letter.

If it yields no result, then fill out Form 8316 and submit it in lieu of the refusal letter.