I see FICA taxes deducted from my paycheck—how do I get a refund?

 If you’re an F-1 student and you see FICA (Social Security and Medicare) taxes deducted from your paycheck, that’s usually a mistake—because F-1 nonresident aliens are generally exempt from FICA taxes for the first 5 years in the U.S.


How to Get a Refund of Wrongfully Withheld FICA Taxes

Step 1: Talk to Your Employer Payroll Department

  • Explain that as an F-1 student on a nonresident alien status, you’re exempt from FICA taxes.

  • Ask them to refund the FICA taxes withheld from your paycheck.

  • If the employer agrees, they can issue a refund directly and adjust your payroll records.


Step 2: If Employer Refuses or Cannot Refund

  • You can claim a refund directly from the IRS by filing:

    • Form 843 (Claim for Refund and Request for Abatement)

    • Form 8316 (Information Regarding Request for Refund of Social Security Tax)

  • Include a copy of:

    • Your pay stubs showing FICA withholding

    • Your passport and visa

    • Your I-94 or I-20 (to prove your F-1 status)

    • A letter explaining the situation


Step 3: Mail the Forms to the IRS

  • IRS mailing address for Form 843 depends on your state; you can find it on the form instructions.


Tips:

  • Keep copies of all documents you send.

  • The IRS may take several months to process the refund.

  • You may also want to check your W-2 form at tax time to confirm FICA withholding was reported.


Need help filling out these forms?

I can guide you through the steps or provide a sample refund request letter if you want!

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