|
|
|
|
New Member
|
|
Feb 21, 2009, 06:10 PM
|
|
Employer Taxes for OPT employee
I am an employer and have an employee working on OPT.
I don't withheld social security and medicare taxes from the employee paycheck.
Do I need to pay employer portion of social security and medicare taxes even though
I don't withhold these taxes from the employee paycheck?
Alsodo I need to file Labor Condition Application(LCA) for the employee?
Thanks for your help,
Srinivas
|
|
|
Tax Expert
|
|
Feb 22, 2009, 07:10 AM
|
|
F1/OPT are exempt from residency for 5-years. The income is not subject to FICA taxes but student must pay federal and state income taxes.
As employer you will not withhold FICA taxes nor you will pay your share of these taxes.
|
|
|
New Member
|
|
Feb 22, 2009, 09:45 AM
|
|
Thanks Mukata. Do I need to apply for LCA for the employee on OPT ?
|
|
|
Tax Expert
|
|
Feb 23, 2009, 12:19 AM
|
|
I do not have any idea about this. Call the department, or
Send email to AtlantaTaxExpert.
|
|
|
Senior Tax Expert
|
|
Apr 22, 2009, 12:17 PM
|
|
LCA sounds like a state-driven requirement; it is something of which I have no knowledge!
|
|
|
New Member
|
|
Nov 7, 2013, 01:01 AM
|
|
As employer, how about withholding FUTA taxes for this OPT employee?
|
|
|
Senior Tax Expert
|
|
Nov 7, 2013, 09:18 AM
|
|
To my knowledge, there is NO exemption for FUTA (unemployment taxes paid by the employer to either the state or federal government) taxes due to OPT and/or F-1 visa status.
So, yes, you need to pay FUTA taxes for the OPT employer.
|
|
|
New Member
|
|
Apr 26, 2016, 11:38 PM
|
|
As employer, if I withheld social security and medicare taxes for OPT employee, can I file 941X to claim back the over-withheld taxes for the current year? (I already repay back the employee's portion of the FICA taxes, so would like to claim back both the employer and employee portion now)
|
|
|
Senior Tax Expert
|
|
Apr 27, 2016, 07:04 AM
|
|
Yes, that is what you would do.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Employer w/holding money from employee check
[ 14 Answers ]
Can an employer with hold money from an employees check without the employees consent? Is it legal?
Is it legal for your company to with hold money from your paycheck, if they think you spent too much money while traveling for work?
They are with holding money from his paycheck because they...
Forms an Employer Should Provide Part Time Employee
[ 3 Answers ]
I just started working for a real estate agent and I wanted to know what kind of form he should provide me with so that I'm able to file my taxes when it comes around to doing them? I work part time (25 hrs/wk) and I don't work for the company, only him. Does he have to provide me with some kind of...
FICA Tax must paid by employer or Employee? Is there any excemption in it?
[ 2 Answers ]
Hi Experts,
I am on H1B visa , working in GA.
1. does the FICA tax needs to be paid by the employer or by employee?
2. is there any exemption based on annual income? If yes what should be the yearly income to get rid of FICA tax?
I am curious to know the answer for these Payroll...
View more questions
Search
|