[admirer]

Hi all

Me and my wife are F1 students (and nonresident alien for tax purposes) studying in USA. My wife got employment authorization on ground of severe economic hardship. She worked off-campus in 2008 in an university and social security and medicare taxes were withheld. But IRS pub519 (page48) says that economic hardship EAD holders are exempt from paying those taxes. I tried a refund from the employer but the lasy at payroll says that she cannt determine the ground on which the EAD was given. what is the way to determine on what basis a particular EAD has been awarded (my wife's EAD has I-766 rev on the back)?

Thanks in advance !

[AtlantaTaxExpert]

It does not matter; the FICA taxes were improperly withheld.

Get a letter from the employer if they refuse to issue a refund if possible.

If not, submit Form 843 with required support documents to get the FICA taxes refunded to your wife.

[admirer]

It does not matter; the FICA taxes were improperly withheld.

Get a letter from the employer if they refuse to issue a refund if possible.

If not, submit Form 843 with required support documents to get the FICA taxes refunded to your wife.

Thanks AtlantaTaxExpert for the advice. But I want to get it from the employer, that way its rapid and no paperwork. The lady in payroll wants to give the refund but she is not sure how to proof that my wife's EAD is bcoz of economic hardship and not for other reason. What do I say the lady as an answer to that question of her?

[AtlantaTaxExpert]

Print off pages 47-51 of IRS Pub 519. That should provide you with the needed justification.