Check out some similar questions!

physician alien · Feb 17, 2009, 10:09 PM

I came to the US in 2006 on a J1 visa, so in 2006 and 2007 I was exempt from FICA taxes and I declare my taxes as non resident. Now in 2008, I am no longer exempt and I should declare as a resident alien, I finally convinced my employeer of that situation, but they did not pay any FICA taxes for 2008. I ask them if I could give them the money and they can pay them for me, since they have to pay an equal amount, but they told me , that its my responsibility to let them now when I changed my status from NR to resident alien, and that I needed to consult a tax expert on how to pay my FICA taxes if I was going to declare this year as resident alien (2008). Bottom line, I have a W2 with no FICA taxes withheld and I am declaring as resident alien. I understant I am liable for this taxes, but my employer does not want to pay them and give another W2. They told me to fix it myself?? What is the right thing to do?? I don't want to get fired. I am sure they have done the same mistake with many other employees and if I call the IRS its going to be a big mess. Help!!

MukatA · Feb 17, 2009, 10:51 PM

It is the employer that must deduct the FICA taxes from the W2 employee unless the employee is exempt.

You will file your regular tax return without worrying about FICA taxes. You can not pay it yourself.

Yes, your responsibility is to inform your employer about your residential status after.

How did you conclude that you are resident in the 3rd year? What for you got J1? Student, Intern, Researcher.. Your citizenship?
Read about J1 tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html

physician alien · Feb 18, 2009, 08:08 AM

I am from Mexico. I concluded I am not exempt anymore and that I need to file as a resident alien cause I call the IRS and also in the IRS publication says that If you are on a J1 visa as a physician you can only be exempt of FICA taxes for 2 calendar years and then you should declare as a resident. And this is what I told my employer and they also called the IRS , so now they are going to change my status, but for 2008 that was my third year in the country they say they can't do anything, is up to me to fix the problem cause I didn't notify them my change in status. I offered paying my FICA taxes to them so they can amend my W2 or make a new one. I mean I found about this until now and they had no idea of what I was talking until they called the IRS, and there is lots of people like me working for the same employer.

AtlantaTaxExpert · Mar 11, 2009, 02:23 PM

They CAN fix it if they want to, but they will not, because the penalties for paying employment taxes late are HUGE.

This is a case where you really do have any leverage to make the employer fix this situation, because you cannot pay the FICA taxes without causing major problems for the employer with the IRS.

File your 2008 return and let the employer with the issue of properly paying the back FICA taxes.