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fitsavvy · Sep 11, 2008, 09:44 AM

Hello all,

I did see some of the old threads regarding FICA tax but needed some input on my situation. I worked as a faculty on OPT from August 2007- May 2008. I got a letter a month back stating that I owe them the FICA tax amount from January 2008 onwards which they forgot to withhold from my paycheck. I completed my 5 years here in 2007. I do not have a job anymore and I can't make payment until I get one. As of now I have contacted them and told them about my situation and they have not been much of a help.
Do I have chance not to pay if I hire an attorney as they made a mistake?
I did understand from the previous threads that they can collect the tax money for the current year.
I really think it's there mistake and I don't have that much money to pay them.
Do you have any other suggestions.
Thank you so very much.
Savvy

MukatA · Sep 11, 2008, 10:34 AM

After completing 5 years on F1/OPT, it was for you to inform your employer that they should withhold FICA taxes.
You must pay FICA taxes even if the employer did not deduct from your paycheck.
Read about F1 tax filing: Your U.S. Tax Return: The U.S. Visas

AtlantaTaxExpert · Sep 11, 2008, 11:11 AM

Savvy:

While it is too late for FICA tax collections for anytime prior to 1 Jan 2008, the employer IS allowed to collect back FICA taxes for 2008.

If you do NOT have the money, however, there is little they can do short of suing you for it, which is an expensive proposition for everyone involved.

BOTTOM LINE: You have both the legal and moral responsibility to pay these taxes for 2008.

Tell your ex-employer employer that and work out a payment plan you can both live with once you get employment. They will need to be patient, but once you do get employment, make the payments as promised and drive on with your life.

fitsavvy · Sep 11, 2008, 11:35 AM

Thank you for all your suggestions. I really appreciate it. How do I find out that my employer has matched my FICA tax in payment not making me pay all of it. Its unlikely but I would like to know before I plan paying the money.
Thanks again

AtlantaTaxExpert · Sep 11, 2008, 01:13 PM

I suppose you could ask to see the Forms 941 and the deposit slips for the payments.

However, the IRS policy on such issues is clear: The IRS DEMANDS that the employer pay both sides of the taxes, then leaves it up to the employer to collect the employee's side of the tax, either before payment is made or after the fact.

This being thecase, I believe it is a pretty safe bet that your employer has already paid these taxes and is merely trying to recover your share from you.