The word ‘Tax’ is something that horrifies people to a huge extent. As an international student, it is more so tough as you have to readjust yourself to a new place. You have to understand the new laws that you are to abide by.
The term ‘FICA Tax Refund’ confuses quite a lot of people. As said earlier, it is tough to know who is to pay taxes. Especially, if an international student is not earning, it might make him think he has no need to file taxes. Well, this is just one of the confusions that revolve around the ‘FICA Tax claim’.
This article is to clear all doubts about FICA tax and whether an international student is required to pay.
What is FICA tax?
The full form of FICA is Federal Insurance Contributions Act. It is a financial law under the federal government of the United States of America. It keeps a lookout on the paychecks of the employees and issues a corresponding payroll tax. It also takes a cut amount from the employers to take care of Social Security and Medicare programs.
For people who are self-employed or come under the category of freelancers, there is a law that equates to FICA, known as the Self Employed Contributions Act (SECA).
Am I supposed to file for FICA tax if I am on an F1 visa?
For all income tax purposes that come under the US Federal government, international students have the same tax-paying duties similar to that of a non-resident alien. This indicates that the racing for international students would be done only at the income sources that are based in the US.
All the international students who are earning an income in the USA are looked upon similar to as non-residential aliens who live in the USA with regards to taxation. In case you are just a student with no income, it doesn’t mean you do not have to file tax. Rather students too have to file tax at the concerned department.
The taxes that are levied on international students are:
- Wages and remuneration
- Pay rates
- Profits through share market or businesses
- A few grants/association awards
The amount of tax that one needs to pay depends upon the conditions that are exclusive to you.
Do students have to pay FICA tax?
International students in their F-1 Visa are exempted from paying FICA tax. There is a special provision for F-1 students in the Internal Revenue Code. This exemption is valid only for 5 years from the time of entry into the United States.
As an international student, how do I get refunds on FICA tax?
You are not required to pay up for FICA tax if you are within 5 years of your F-1 visa. Just in case of withheld taxes by your employer, you can inform them and get back your claimed amount.
In case you are not able to get a full refund from your employer, put up a claim asking for a refund of your money. You can do your filing with ease by going through the procedure that is provided on the IRS website
The procedure to start this process involves filling Form 843 that is specifically made for claiming a refund and as an extension, a request for abatement.
Along with this form, you also have to attach certain documents for the perusal of the authorities.
These documents are listed as below:
- A copy of your W-2 Form to authenticate the money that has been withheld as Social Security and Medicare taxes.
- A copy of your passport highlighting your Visa stamp,
- Form I-94, form showcasing arrival/departure records in the US,
- Form I-538, Certification from the DSO, provided by your concerned school authority, if needed,
- Proof statement from your employer regarding the money that has been claimed by them or the amount you authorized for them to claim. In case of the absence of this statement, you may attach your own statement along with the reason for your employer not attaching the same.
- Form 8316, Form providing information about the request for refund of Social Security tax wrongly withheld on wages that a Nonresident Alien receives on an F, J, or M Type Visa.
The above applicable attachments need to be provided alongside Form 843 while filing for your refund with the IRS office. The office where you file this form must be the same one where your employer files their Form 941 returns.
There might be cases wherein your employer files for FICA tax and thereby withholds a specific amount in the name of Social Security and Medicare Taxes. Have a proper discussion with them and tell them how it is not applicable for you.
You can claim the amount if they haven’t processed it. If it has already been processed, then the above article will help you to claim your FICA tax refund.
Max Troy is the Career Counsellor as well as a passionate Author. Well, he has years of experience in the Career and Jobs industry. As a part of his career at OPTnation, he helped various OPT and CPT candidates to shape their Career. Through his knowledge and writing skill, he is contributing to the students to find the best Career advice and immigration topics. Do share the information if you like it.