[Marmi]

Hi
I have been an F-1 student in the US since 2007 and thus starting this year, I am considered a resident alien for tax purposes. However, I am still a full time student working on-campus and on a scholarship and getting graduate assistantship from my department. The lady that deals with finances in our department told me that since my five-year exemption period is over and thus I am a resident alien, I will be getting FICA'ed from now on. However, I should be exempt under the Student FICA exemption law right? How do I proceed with this, I am confused cause they deducted FICA from my paychecks whereas the domestic students with me are not getting FICA'ed and as far as we know, we don't get FICA refunds!

[AtlantaTaxExpert]

You should be treated EXACTLY the same way as American student in similar jobs. If they are exempt, then so should you be so exempt. Point out that this is REQUIRED under the non-discrimination clause in the tax treaty.