Grad Student Tax Question

[MileMarkerZero]

What is the name of your state? TX

My husband is a first-year postdoc, awarded a fellowship from the NIH (Ruth L Kirschstein Award). We have been told that as a postdoc he is supposed to pay FICA, according to the IRS. According to the NIH, no. However, that isn't the main question. The main question is, we just found out that University of Texas Graduate School of Biomedical Sciences graduate research assistants do NOT pay FICA, and my husband was a UT-GSBS graduate research assistant for almost 10 years prior to becoming a postdoc and paid FICA every year.

Can we get that money back? If so, how? Why did the school take it of his check if they were not supposed to?

ref: http://gsbs.uth.tmc.edu/current_consequences.htm

Thank you for your time. This is all so frustrating!

 

[seniorjudge]

What is the name of your state? TX

My husband is a first-year postdoc, awarded a fellowship from the NIH (Ruth L Kirschstein Award). We have been told that as a postdoc he is supposed to pay FICA, according to the IRS. According to the NIH, no. However, that isn't the main question. The main question is, we just found out that University of Texas Graduate School of Biomedical Sciences graduate research assistants do NOT pay FICA, and my husband was a UT-GSBS graduate research assistant for almost 10 years prior to becoming a postdoc and paid FICA every year.

Can we get that money back? If so, how? Why did the school take it of his check if they were not supposed to?

ref: http://gsbs.uth.tmc.edu/current_consequences.htm

Thank you for your time. This is all so frustrating!

https://forum.freeadvice.com/search.php?searchid=858242

Why do you think he does not have to pay FICA? (IRS cite, please. Thank you.)

 

[MileMarkerZero]

I posted a link to the Graduate Students website where they talk about it:

"Social Security Tax (F.I.C.A.)--GSBS Graduate Research Assistants are exempt from making contributions to eventual benefits from Social Security and Medicare (the FICA tax)."

The IRS site can be found here: http://www.irs.gov/pub/irs-regs/td_9167.pdf

#3, Student Status is what is important.

 

[Snipes5]

I suspect that non-resident student status is what's important. Check again.

Snipes