Ask Experts Questions for FREE Help !
Ask
    taxpayer83's Avatar
    taxpayer83 Posts: 15, Reputation: 1
    New Member
     
    #1

    Jan 26, 2011, 04:57 PM
    Convince employer about FICA exemption on OPT
    Hi,

    I showed my employer page 54 and 55 of pub519 and told him that student working on OPT are exempt from FICA, if they are on F1 for less than 5 years. But he thinks only full time students working in the college or outside the college for course credits are eligible.

    Is there a way to get an email or letter from IRS confirming that I am eligible for FICA exemption? Looks like that is the only way I can convince him. I even sent him a link from IRS website ( Foreign Student Liability for Social Security and Medicare Taxes ).

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 30, 2011, 06:29 PM
    How about a phone call to the IRS International Tax Hotline? The phone number is 267-941-1000.

    YOU call and get the person on-line, then get him to say (with your boss listening) that you qualify for the FICA exemption.
    taxpayer83's Avatar
    taxpayer83 Posts: 15, Reputation: 1
    New Member
     
    #3

    Jan 30, 2011, 08:17 PM

    Thanks ATE.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 31, 2011, 03:52 PM
    Glad to help!

    Let us know how it turns out!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

OPT to H1B - Employer not deducting FICA [ 8 Answers ]

Hi ATE, The date on my opt is from May 2005 to May 2006. But meanwhile my H1B petition got approved starting 1st Nov 2005. But my employer who filed for my H1B was not deducting social security and medicare taxes till January. When I noticed, I asked him about this and he said it is a...

OPT due FICA Exemption [ 3 Answers ]

Hi, I came to US in May 2006 and graduated in Jan 2007. My OPT is due on 1/24/09, and my status right now is green card pending. Do I need to pay FICA in Jan 09? My employer has deducted FICA few months last year and also deducted in Jan this year. Since my employer doesn't want to refund FICA...

FICA exemption eligibility for OPT [ 1 Answers ]

I came US in 2001 as F1 visa status. I am working in a company from Jan 2007 as OPT (F1). My employer is deducting FICA (social security & medicare taxes) now. I am not sure that I am eligible for FICA exemption because I stayed in US more than 5 years (Somebody says FICA exemption is valid...

F1 (opt) to H1 visa and fica exemption [ 1 Answers ]

Hi taxexperts, I am non-resident alien. (single) -- started working in march with f1/opt visa. (opt is valid until February 1, 2007) -- applied for h1b visa in July -- h1b was approved in August -- got my stamp in December 1, 2006. -- effective start date for h1b is January 21, 2007.

F-1 Opt, Employer with-hled Fica [ 1 Answers ]

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...


View more questions Search