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How to get refund for excessive tax withheld by employer

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Suyashko92

New member
MA,

My employer withheld FICA tax from 2 months of 2017 and around 5 months of 2018. As a student on F1 VISA, I am exempt from these taxes due to my current VISA status. The mistake was corrected after 6-7 months and my paycheck started that FICA tax was not withheld anymore. However, I never got the refund for those taxes, neither from my employer nor in my tax returns. I checked with my employer and they told me that the amount has been paid to the IRS. What do I have to do to claim it in my in my 2018 tax return?
 


LdiJ

Senior Member
MA,

My employer withheld FICA tax from 2 months of 2017 and around 5 months of 2018. As a student on F1 VISA, I am exempt from these taxes due to my current VISA status. The mistake was corrected after 6-7 months and my paycheck started that FICA tax was not withheld anymore. However, I never got the refund for those taxes, neither from my employer nor in my tax returns. I checked with my employer and they told me that the amount has been paid to the IRS. What do I have to do to claim it in my in my 2018 tax return?
How much money are we talking about? How much did your employer withhold for those 7 months that your employer should not have withheld?
 

LdiJ

Senior Member
Around $3k.
If your employer withheld that much from a student with a work permit on an F1 Visa then I am going to suggest that you get a consult with a tax professional who can review your actual documents. That would tend to indicate an income much higher than a normal F1 Visa holder would earn.
 
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