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    pb_syr's Avatar
    pb_syr Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 26, 2010, 10:53 AM
    SSN/Medicare taxes paid in error during OPT in 2005
    Hi,

    I paid SSN/MEdicare taxes while I was working in OPT in 2005. I did not know then that it was not supposed to be deducted off my paycheck. As per the direction of the IRS customer service, I claimed a refund by filing form 843 in Nov, 2009.

    I recently got a response, saying that they are not going to refund me the tax held in error since it has been over 3 yrs (to file an amended return). This is not mentioned in the instructions in pub 519. What are the options I have here...

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 26, 2010, 11:12 AM
    You have no options.

    Though it is not discussed in the IRS Pub 519 instructions, the three-year statue of limitation for claiming this refund is a matter of black-letter tax law, so the IRS cannot refund the money.

    This happens to be a case of NOT knowing the tax law hurting you.

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