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

    Feb 6, 2011, 07:46 PM
    Form to file to get back a refund on FICA taxes
    Hi,

    I am an international student and I started working on opt with my employer in 2010 and since then my employer withheld my FICA taxes and now when I came to know that employer can refund back the FICA taxes, I told him and he's ready to get me back the refund.
    He is thinking of filing form 944X to get back my FICA taxes and employer's share of what they paid in contribution to my Social Security taxes.
    Is that the form employer should file to get back my FICA taxes?
    Please help.
    Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 19, 2011, 11:22 PM
    YOU cannot file Form 944X; that is form for your employer to file.

    The IRS requires that you first TRY to get your employer to refund the FICA taxes collected from you. The employer also gets a refund, so if you point that fact out to him, he may get motivated to determine how to make it work.

    If not, get a refusal letter on company letter that states how much was withheld and why he cannot refund the money.

    You then need to submit Form 843 and 8316, along with a number of support forms.

    If you need professional tax help with this, email me at [email protected].
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