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    emoela's Avatar
    emoela Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Jun 8, 2009, 06:24 PM
    Fica Tax Refund
    Hi I'm from the Philippines, my agency told us that we can refund our Fica Taxes if we are not going to exceed 183 days here in United States counting from January 2009.
    I'm pregnant , my due date is next week (and my agency told me that I need to book my flight or go back to our country on June 30 midnight or else I cannot refund my Fica.
    Is there any exemption to the rule or any forms that I need to provide my agency about my Fica tax refund. Because surely I will be going back to my country after the papers of my baby are filed.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jun 9, 2009, 02:14 AM

    Which visa do you have? When did you enter the U.S.
    emoela's Avatar
    emoela Posts: 7, Reputation: 1
    New Member
    		  
    #3

    Jun 9, 2009, 01:53 PM
    I'm holding a J1 visa and entered U.S last July 25, 2007.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Jun 10, 2009, 01:25 AM

    On J1 visa you are exempt from residency for two years. For 2007 and 2008, your income is not subject to FICA taxes.
    Employer was not expected to withhold FICA taxes. Now you must first write to your employer for refund of these taxes. You need a letter from the employer that they can not refund it now.
    File Form 843 with IRS. Read about filing Form 843: Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual
    emoela's Avatar
    emoela Posts: 7, Reputation: 1
    New Member
    		  
    #5

    Jun 10, 2009, 06:01 AM
    When do I have to file form843? I'm leaving by July 1, 2009. Do I need to wait for my w2 next year to file my refund? And in case my baby's paper will not be release before july1, and I need to extend my stay... is their any changes in procedures to get my refund?:confused:
    So, the refund that I will get from jan. 2009 to june30 , 2009... will be filed next year 2010?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jun 10, 2009, 07:40 AM
    If you cannot get the refund from your employer, you will have to wait until January 2010 to file the Form 843, because you need the Form W-2 as one of the support forms for the Form 843.

    Work with your employer to get the refund from him. It is pretty clear that FICA taxes should not have been withheld in the first place, and getting a refund via the employer should not be that difficult.
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