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I'm dealing with a very similar situation right now! I was on an F-1 visa doing OPT in 2022 and my employer withheld about $2,800 in FICA taxes that I shouldn't have paid as a non-resident alien. After reading through all these responses, I'm getting confused about which service or approach to try first. It sounds like there are multiple ways to tackle this - calling the IRS directly (possibly through Claimyr to get through faster), using a service like taxr.ai to prepare the forms correctly, or just doing it myself with certified mail to the right address. For those who successfully got their refunds - what would you recommend as the best first step? Should I start by calling the IRS to confirm the correct mailing address, or go straight to resubmitting with all the documentation mentioned here? Also, has anyone had success getting their refund for 2022 tax year specifically? I want to make sure I'm still within the time limits before I invest too much effort into this process. Thanks for all the detailed advice in this thread - it's been incredibly helpful to see others who went through the same frustrating experience!
For the 2022 tax year, you're definitely still within the time limits - you have until April 15, 2026 to file for your FICA refund (3 years from when the 2022 return was due). Based on everything I've read in this thread, I'd recommend this approach: 1. First, call the IRS to confirm the correct mailing address for your specific state. If you can't get through after a few tries, consider using one of those callback services mentioned here 2. Gather ALL your documentation: W-2s, visa/I-94 copies, passport pages showing your status, and your 2022 tax return (1040NR) 3. Prepare Forms 843 and 8316 with a detailed cover letter explaining your situation and timeline The key seems to be having everything properly documented and sent to the right place with certified mail. Given the amounts involved ($2,800 is significant!), it's worth taking the time to get it right the first time rather than having forms disappear into the void like what happened to the original poster. Several people here got their refunds successfully by following this systematic approach, so don't lose hope! The IRS processing times are slow but these refunds do come through when submitted correctly.
I'm also dealing with a FICA refund situation and wanted to share what I learned from my tax attorney. One thing that hasn't been mentioned here is that you should check if your employer actually remitted those FICA taxes to the IRS or if they're still holding them. Some employers, especially smaller companies, don't immediately send withheld taxes to the IRS - they might remit quarterly. If your employer still has the money, you can potentially get it back directly from them, which is much faster than going through the IRS refund process. You can request a "wage and income transcript" from the IRS for the tax year in question (Form 4506-T) to see exactly what was reported. This will show you whether the employer actually sent the FICA taxes to the IRS or not. If the taxes were indeed sent to the IRS, then you're on the right track with Forms 843 and 8316. But if they weren't, you might be able to resolve this directly with your former employer, which could save you months of waiting. Also, make sure you understand the difference between being exempt from FICA as a non-resident alien versus being in the US on a treaty-exempt visa. The process and required documentation can be slightly different depending on your specific visa type and country of origin.
This is really valuable advice that I haven't seen anywhere else! How do you request the wage and income transcript - can you do it online or do you have to mail Form 4506-T? And how long does it typically take to get the transcript back from the IRS? I'm in a similar situation and never thought to check whether my employer actually sent the taxes to the IRS. My company was pretty small (about 25 employees) so it's possible they might not have remitted them immediately. If they still have the money, would I need any specific documentation to request it back from them, or is it just a matter of asking? Also, regarding the treaty exemption vs non-resident alien status - I was on an F-1 visa from India. Do you know if there are specific treaty provisions I should be aware of that might affect my case? Thanks for bringing up these points that everyone else seems to have missed!
Has anyone dealt with getting a fair market value determination for a property that's in a country where real estate records aren't as accessible as in the US? My mom left me her house in Vietnam, and I'm having a hard time establishing what it was worth when she passed.
I had this issue with property in rural Mexico. What worked for me was hiring a local real estate agent to provide a formal letter estimating the value based on their market knowledge. I also got statements from three neighbors who had sold similar properties around the same time. The IRS accepted these as reasonable evidence since I clearly made a good faith effort to establish fair value.
I'm dealing with a similar situation with property in the Philippines. What I found helpful was contacting the local tax assessor's office (if they have one) to get the assessed value from around the date of death. Even though assessed values are usually lower than market value, it provides an official baseline that the IRS recognizes. You can then use a reasonable multiplier based on local market conditions to estimate fair market value. Also try reaching out to local banks - they sometimes have appraisal data for mortgage purposes that can help establish market values for that time period.
I've been through a similar situation with inherited property in France, and one thing that really helped was documenting everything meticulously from the start. Since you mentioned the inheritance process took several years, make sure you keep records of all the legal fees, transfer taxes, and administrative costs you paid during that process - these can often be added to your basis, which could reduce any taxable gain or increase your deductible loss. Also, regarding the exchange rate fluctuations you mentioned - I learned the hard way that you need to be very consistent about which rates you use and when. For the initial basis calculation, use the exchange rate from the date of death (2021). For the sale proceeds, use the rate from when you actually received the sale proceeds in 2024. The IRS has specific guidance on this, and consistency is key if you ever get audited. One more tip: if you're claiming a loss (which sounds likely in your case), make sure you can clearly demonstrate that this was truly investment property and not personal use property. Since you inherited it and sold it immediately without using it personally, you should be fine, but it's worth documenting that timeline clearly.
This is really helpful advice about documenting everything! I'm curious about the legal fees and administrative costs you mentioned - can you clarify which specific costs can be added to basis? I paid quite a bit in legal fees during the inheritance process in Spain, plus some transfer taxes, but I wasn't sure if those counted since they were related to receiving the inheritance rather than the actual sale. Also, did you have to convert all those costs using the exchange rates from when you paid them, or did you use a different approach for basis adjustments?
I went through this exact situation last year. Not only do you have to pay Medicare and Social Security with a green card EAD, but you also need to file taxes as a resident alien using Form 1040, not the 1040-NR that nonresidents use.
Is there any way to determine exactly when your tax status changes? Like if you were on an F-1 and then got your EAD mid-year, how do you handle the tax filing for that transition year?
This is a great point about the transition year! The determination usually depends on when your status actually changed and how long you've been in the US. Generally, if you transition from F-1 to green card EAD mid-year, you might need to file what's called a "dual status" tax return - part of the year as nonresident alien and part as resident alien. The key date is usually when your EAD becomes effective, not when you received it. For the period you were on F-1 status, you'd typically file as nonresident (assuming you haven't met the substantial presence test), and for the EAD period, you'd file as resident. This can get complex, so it's often worth consulting a tax professional who specializes in immigration-related tax issues for transition years. You'd use Form 1040 with "Dual Status" written across the top and attach separate schedules for each status period.
Just want to add some perspective as someone who went through the exact same confusion. I had my EAD for about 6 months before I finally got clarity on this issue. The bottom line is yes, you do need to pay Medicare and Social Security taxes with a green card EAD - your employer is doing everything correctly. What helped me understand it better was thinking about it this way: the EAD based on your pending green card application puts you in a "resident alien" category for tax purposes, which means you have the same tax obligations as permanent residents and citizens. This is actually a good thing because you're earning credits toward future Social Security benefits and Medicare coverage. I know it feels like a lot of money coming out of your paycheck (especially after 3 months!), but these aren't "lost" taxes - they're contributions to programs you'll benefit from later. Keep good records of your earnings and tax payments, as this will be important when you eventually apply for Social Security benefits or Medicare. If you're still uncertain about your specific situation, I'd recommend speaking with a tax professional who specializes in immigration-related tax issues, especially if you had a different visa status before getting your EAD.
This is really helpful perspective! I'm actually in a very similar boat - got my EAD about 4 months ago and have been second-guessing whether all these deductions are correct. It's reassuring to hear from someone who went through the same confusion and came out the other side with clarity. Your point about thinking of these as contributions rather than lost money is a good mindset shift. I've been so focused on the immediate impact to my paycheck that I hadn't really considered the long-term benefits. Do you happen to know roughly how long you need to contribute to be eligible for Social Security benefits down the road? Also, did you end up consulting with a tax professional, or were you able to figure everything out through research and the resources people have mentioned in this thread?
Have you checked if your bank information was entered correctly on your return? I've seen cases where people thought they were getting direct deposit, but had transposed a digit in their account number or routing number. When that happens, the deposit gets rejected by the bank and the IRS automatically converts it to a paper check without updating WMR. This happened to my sister last year and she was completely confused until the check showed up. Might be worth double-checking your return copy to make sure all banking details were entered correctly.
This is really helpful information from everyone! I'm in the exact same situation - filed early February with direct deposit info, WMR stuck on first bar for weeks, and I've been panicking about potentially getting a paper check instead. Based on what you all are saying, it sounds like the WMR status and actual delivery method are completely separate systems. That's both reassuring and frustrating at the same time. I think I'll stop checking WMR obsessively and just monitor my bank account daily like Collins suggested. Has anyone who was in this situation actually received their direct deposit recently despite WMR never updating? I'd love to hear some recent success stories to ease my anxiety about this.
Niko Ramsey
Is anyone else confused by the term "ordinary income" the OP used? Sounds like they might have received dividends of $275.43 rather than proceeds from selling the stock. That would be a totally different tax situation.
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Seraphina Delan
ā¢Good catch. If that $275.43 was actually dividend income and not sale proceeds, then the loss calculation would be completely different. OP would need to clarify if they actually sold the stock or just received dividends.
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Ana Rusula
@Jasmine Hancock - I think there might be some confusion in your original post. You mentioned the stocks "generated $275.43 in ordinary income" but then talked about selling them. Can you clarify what that $275.43 represents? If you actually sold the stocks and received $275.43 as the sale proceeds, then your capital loss would be $1,732.08 - $275.43 = $1,456.65 as others have calculated. However, if $275.43 was dividend income you received while still owning the stocks, that's completely separate from any sale transaction. Dividends are ordinary income and don't affect your cost basis. If you then sold the stocks for a different amount, you'd need that sale price to calculate your capital gain/loss. Could you double-check your brokerage statements to confirm what that $275.43 actually represents? This will make a big difference in how you report everything on your tax return.
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