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FICA Tax Return

1已有 348099 次阅读  2011-03-18 15:52   标签error 
Recovering Wrongly Held Social Security Tax
  • Employer Agrees to Refund Taxes Wrongly Withheld

Occasionally Social Security tax is withheld in error. If your employer has already withheld Social Security taxes from you, you should ask the employer to refund the taxes to you. The employer can deduct the amount refunded to you from the company's next Social Security tax payment to the Internal Revenue Service and no further action is required from you.

  • Employer Does Not Agree to Refund Taxes Wrongly Withheld

In case your employer is unable to stop withholding or refund Social Security taxes wrongly withheld, you can obtain a Social Security tax refund from the Internal Revenue Service (a process that can take more than six months). Prepare the following documents and mail the application to the IRS to regain wrongly withheld Social Security taxes:

  • Completed IRS Form 843, Claim for Refund and Request for Abatement
  • Completed IRS Form 8316, Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on Wages Received by a Nonresident Alien on an F, J, or M Type Visa
  • Copy of your W-2 Form(s)
  • Copy of your most recent nonresident income tax return (if available)
  • Copy of your I-94 Form – front & back (it’s the small white card generally stapled in your passport)
  • Copy of your I-20 or DS-2019 Form – front & back
  • Copy of your permission to work in the US (EAD card, CPT authorization, etc.)
  • A written statement from your employer showing the amount of refund requested and the amount (if any) reimbursed by the employer. If you cannot obtain such a statement, you must verify that you have contacted your employer and that the employer was unable to assist you with the refund
  • Mailing Instructions -- make a copy of your application and mail all above documents via courier to return receipt to the IRS at:
Internal Revenue Service Center, Austin, TX 73301 
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