F1 visa student social security and med. care taxes?

Question

I'm an F1 student and I work on campus, but they made a misstake and took med. care and soc. security taxes from 4 checks!!! When I tell them it's a misstake and to stop taking it, can they give it back to me after filing some papers, or I'll have to wait till next year and file for a regular tax refund?!?!?

Answer 1

First, I don't know how the university corrects it; if they can refund it or if you have to claim it back next year on your taxes.  I would talk to the head of payroll over there.  I had one F-1 holder as an employee a year ago, and had to research the tax requirements back then.  F-1 Visa holders should only have federal and state withholding deducted.  They are exempt from social security, medicare, California SDI (I'm in California), and federal and state unemployment.  Sorry, wish I had a more complete answer.

Answer 2

Are you sure you a student in an on-campus job?  There is a general exception for fica/mc for *all* students (domestic and foreign) as long as they are attending school full time.

There is an F-1 exception, but it only applies to the OPT/CPT, not just any job.

If you are having the taxes withheld erroneously, the form to request a refund is form 843, not the 1040NR.

Answer 3

Have they stopped taking it out yet?  If not, I wouldn't do anything until they stop.  Once they stop, or at the end of the year if they don't, file Form 8316 and Form 843 to get it back.