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Qian · Oct 7, 2009, 09:20 PM

Hello,

I am an Chinese and I claimed my OPT Tax refund with my employer this year around April. My employer had already get their refund months ago, however, I haven't get anything for my tax refund. Not even a confirmation letter.

What my employer did is they filed through their payroll company and the payroll company file to IRS. I am getting really worried about this since it has been over 6 months. Is this even normal?

Is there anyway I could track my tax refund status? Has anybody ever claimed OPT tax refund with your employer before? Are we suppose to get any letter?

Thanks in advance for all kinds of information!! I really appreciate it!

Nicole

AtlantaTaxExpert · Oct 8, 2009, 07:54 AM

Nicole:

Assuming you are speaking of a refund of FICA taxes, there is NO WAY for you to check on this refund status, since the refund is filed by the company under the company's tax account.

However, the refund should have been been distributed to you by now. Contact your payroll department to determine its status.

Qian · Oct 8, 2009, 04:05 PM

Thanks for answering so fast.

My Accountant from my company told me he did submit request to the payroll department. He said the application is already in process.

However, it is quite obvious that either the payroll department is not paying any attention to this case or my employer is not since they already get their refund.

Besides sitting and waiting, what else I can do to push this a little faster?
Should I contact the payroll department by myself?

What if nothing comes back before the next tax filling date, should I file form 843 and 8316?

Thanks a lot!

Nicole

MukatA · Oct 8, 2009, 08:06 PM

You will get refund of FICA taxes only from your employer. You can not file Form 843 and 8316 as the payroll department has already collected ths.

Qian · Oct 8, 2009, 08:42 PM

Thanks MukatA!

Am I getting a check from IRS or from my employer?

AtlantaTaxExpert · Oct 9, 2009, 10:14 AM

You will get the check from the employer. The total refund is split, half to you and half to the employer.

Qian · Oct 9, 2009, 06:37 PM

Very useful information!! Thanks a lot!!

I went to talk to my company's accountant but he said the amount he received is only for the company. He is going to try to contact the payroll once again.

I am so frustrated now...

AtlantaTaxExpert · Oct 13, 2009, 08:38 AM

Qian:

Get back with the accountant and find out HOW MUCH was the refund the company received.

If it is exactly TWICE the amount listed on your W-2 as the withheld taxes for Social Security and Medicare, then the accountant is mistaken. Half of the money belongs to you! If they refuse to give it to you, tell them you will call the IRS and complain.

Qian · Nov 16, 2009, 04:24 PM

Atlanta Tax Expert,

Many and many thanks to you! I followed your suggestion and I got my refund in two weeks. YOU ARE THE BEST!

AtlantaTaxExpert · Nov 18, 2009, 09:34 AM

Glad to help!

Surprising how FAST the company responds when you threaten to bring the power of the IRS to bear on them, isn't it?

chunt7553 · Feb 21, 2014, 08:40 PM

I have called my Emerald Advance card in which my refund will be put and it says that my refund has been accepted my the IRS and the website says the same thing, but the my return status website says that the IRS has received my taxes and they are being processed. I have friends who filed after me and have already gotten their refund. I don't know what to think. Is it still being processed or has it been accepted and will be on my card soon?

AtlantaTaxExpert · Feb 21, 2014, 09:27 PM

You must continue to check in with the company who prepared the tax return to find out the status of your refund.