[trojanengineer]

Hi,

I received my OPT in May 2007 and I started working in a Company from August 2007. My H-1 visa was approved which started from 1st October 2007. Today is 9th January 2008 which is almost 3 months on my H-1 visa and still my employer is not deducting the social security and Medicare taxes from my paychecks even though I have told them to do so many times. They are still deducting taxes as they were doing while I was on OPT.

Will it create any problem for me in future ?

Please let me know as soon as possible

Thanks

[AtlantaTaxExpert]

First, inform your employer IN WRITING (email is good for this) that you were subject to Social Security and Medicare taxes effective on 1 October 2007.

Then, wait for them to act. They have until 31 January 2008 to make arrangements to collect these back taxes for 2007.

Once you have notified them in writing (keep a copy), you have met your legal obligation.

The IRS Position on this issue is clear: It is the EMPLOYER's responsibility to pay the FICA taxes and to collect the employee's share of these taxes from his paycheck. If they fail to do so, the IRS holds the EMPLOYER responsible, NOT the employee.

BTW, post all future questions regarding taxes on the TAX Forum!

[trojanengineer]

Thank you very much for the answer.

Actually, last month I told my HR that even though my OPT is valid until May 2008 (started in May 2007) and my H-1 started from 1st October I am not sure whether my taxes should be deducted as I am on OPT or you should deduct them as I am on H-1. Please ask the appropriate people do what is require. Hope this will not create any legal problems for me.
That's what I said to my HR

I sent them my H-1 copy and they are saying that they want the actual H-1 visa like you had your F-1. So I told them that I don't have the actual visa I just have this copy of my H-1. For actual VISA I have to go out of country and then and only then I can have the H-1 stamping on my passport. So, they are still checking something on it. I don't know what is it. Although I don't have the copy of that email

Now I don't' feel like telling them to deduct my back taxes of 2007. Should I wait until the end of Jan 2008 and then tell them again to deduct my taxes after jan 2008. If I tell them directly to take my back taxes then they will take it from me directly. Can't I just tell them that please put me on H-1 and start deducting the social security and medicare taxes from next paycheck that way I don't have to pay them the back taxes

Please advise me because I don't feel like paying the back taxes as it would be around $1000.