[Krawchukery]

Hello,

I was wondering what to do? I entered the U.S on Aug.23, 2002 on F-1 student status and graduated May 5, 2006. I am currently working for the school on F-1 opt and they are with-holding FICA taxes on my pay check. Do I receive the 5 year FICA rule? Does the employer need to reimburse me for the FICA or do I file tax form 843? I am getting ready to file my taxes for 2006 and I am trying to figure out the situation. School has not responded to this question because I believe they don't know either. Any Help will be greatly appreciated. Oh I also have Canadian Residency. Please HELP

[AtlantaTaxExpert]

For 2006, you should NOT have paid Social Security and Medicare taxs while on OPT.

First, ask your employer to refund these withheld taxs. It may not be too late. If not, get the employer's refusal in writing, as you will need it when you file Form 843. The filing of the Form 843 is totally separate from your federal income tax return. There is ONE LINK, however: You MUST file as a non-resident alien in 2006 if you want to get these withheld taxes back.

Now, since you are Canadian, your U.S.-based salary may be liable for Canadian taxes. I do not know for sure, but a call to a Canadian tax professional should get you an answer.