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
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Explain that as an F-1 student on a nonresident alien status, you’re exempt from FICA taxes.
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Ask them to refund the FICA taxes withheld from your paycheck.
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If the employer agrees, they can issue a refund directly and adjust your payroll records.
Step 2: If Employer Refuses or Cannot Refund
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You can claim a refund directly from the IRS by filing:
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Form 843 (Claim for Refund and Request for Abatement)
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Form 8316 (Information Regarding Request for Refund of Social Security Tax)
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Include a copy of:
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Your pay stubs showing FICA withholding
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Your passport and visa
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Your I-94 or I-20 (to prove your F-1 status)
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A letter explaining the situation
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Step 3: Mail the Forms to the IRS
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IRS mailing address for Form 843 depends on your state; you can find it on the form instructions.
Tips:
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Keep copies of all documents you send.
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The IRS may take several months to process the refund.
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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!