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    mashalc's Avatar
    mashalc Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Oct 27, 2009, 10:14 PM
    F1 to H1 status change backtaxes and refund
    My situation is the following:

    June 08 - Dec 08, calendar year 2008, I was F-1 visa holder (OPT) but by mistake my employer withheld SS and Medicare taxes.

    Jan 09 - June 09 - I am still on F-1, but the situation is remedied and no SS and Medicare are withheld.

    June 09 - present - I changed to H-1 visa status, now SS and Medicare taxes are withheld, plus I had to pay back SS and Medicare backtaxes retroactively from Jan 09 - June 09, since I had changed visa status in that calendar year, 2009.

    Now I am wondering if I can request to receive a refund on SS and Medicare taxes I mistakenly paid from June 08 - Dec 08, since in that calendar year I was F-1 visa holder. How far does the change of status backtaxes deal extends to? After all I am not paying backtaxes on other position I held in 2008.

    Many thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Oct 28, 2009, 12:51 AM

    1. For 2008, you can file Form 843 with IRS for the refund of FICA taxes. Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual

    2. For 2008, it is fine. No change needed.

    2. For 2009, your F1/OPT income from Jan 09 to June 09 is not subject to FICA taxes. It is exempt even if you file resident return for 2009. So inform your employer that you are not required to refund FICA taxes (unless you have completed 5-years on F1).
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