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    gaganmalik's Avatar
    gaganmalik Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 2, 2009, 03:11 PM
    FICA exemption.
    How do I determine that I filed my taxes exempt from FICA?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jul 3, 2009, 03:12 AM

    If you received W2 from employer, then check the W2 to see if FICA was withheld or not.
    If you worked as self employed or independent contractor, check your tax return to see if you file schedule SE (Form 1040) or not.
    gaganmalik's Avatar
    gaganmalik Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jul 6, 2009, 09:56 AM
    Quote Originally Posted by MukatA View Post
    If you received W2 from employer, then check the W2 to see if FICA was withheld or not.
    Yes on the W2 FICA was withheld.. Since I'm on a F1 visa I'm eligible fir a refund. On asking my employer about the refund they want to know whether the last taxes I filed were filed with an FICA exemption?

    How do I determine that?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jul 6, 2009, 12:06 PM
    To claim a refund for improperly-withheld FICA taxes, you must submit Forms 843 and 8312. This is a process that is SEPARATE from filing your annual tax return.

    However, the IRS wants you to FIRST go to the employer and request the refund through them.

    The reason is simple: Stream-lined procedures allows the employer to amend previous submissions of Form 941 and recover the FICA taxes much faster and easier than submitting Form 843.

    Further, the employer gets money back as well, so they should have an incentive to process the refund request for you.

    If they do NOT want to submit the request for refund for you, then they should provide you with a refusal letter.

    So, to answer your question, if you did not submit Form 843, you have done NOTHING to request a refund of FICA taxes.
    gaganmalik's Avatar
    gaganmalik Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Jul 8, 2009, 12:41 PM
    Hey thanks! :)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jul 9, 2009, 08:33 AM
    Glad to help!
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