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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Question Can I File for Social Security and Medicare Taxes Refund

    Hello,

    I'm employed on an H1B visa and was an international student on F1 visa earlier. I graduated in December 2008 and started my employment on Feb 2, 2009 using the Optional Practical Training provision of the F1 Visa. My employer applied for an H1B visa for me in April 2009 and it was approved. My status changed from F1 to H1B on October 1, 2009. Using the substantial presence test for 2009 I've determined that I need to file my tax return as Non Resident Alien for 2009 (Since I held an F1 visa for most of 2009, I'm considered an exempt individual for the Substantial Presense Test) .. (Correct me if I'm wrong)

    About the social security and medicare taxes, I read that they are not leveid on Non-Resident Aliens. In my case, when my status changed from F1 to H1B on Oct 1, my employer started deducting those taxes from my paychecks. However, since I was a Non-Resident Alien for tax purposes in 2009, can I request a refund for the social and medicare taxes that were cut from my paychecks between Oct 1, 2009 and Dec 31, 2009 ?

    thank you,

    regards,
    Puneet

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Can I File for Social Security and Medicare Taxes Refund

    There's an entire publication, IRS Pub. 519, that addresses your issues. It states that work in the U.S. while on a student visa will not be subject to social security and medicare taxes. At the point in time that your status changed then you were no longer performing work under a student visa and the rules change as of that time, not the end of the tax year.

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