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    kalyanr's Avatar
    kalyanr Posts: 10, Reputation: 1
    New Member

    Mar 24, 2010, 10:00 AM
    Form 8223, form 8316 and form 843 for F-1 student (India)
    I am an International student (from India) doing my MS in Computer Science in NY. I worked for a month on CPT in 2009 and I got a w-2 form from my employer recently. And I realized that my employer did withheld Medicare Tax and social Security Tax. And I asked him to refund the SS Tax and Medicare Tax and he refused to refund and said I did not give him form 8223 along with the w-4. And I did some research and came to know that I can get a refund for SS tax and Medicare tax if I file form 8316 and form 843. I am filing 1040 NR-EZ and form 8843 and My question is, can I file those two forms (8316, 843) now without filing 8223. What is the best thing to do now. Please help. Thank you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,790, Reputation: 846
    Senior Tax Expert

    May 4, 2010, 12:24 PM
    Yes, you can now file the Form 843 and 8316.

    You SHOULD try to get a refusal letter from the employer, but it is NOT absolutely essential.

    If you want professional help filing these forms, email me at

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