


Ask the community...
Does anyone know if you need to file for a FICA refund if you're filing your annual tax return anyway? Couldn't you just claim these excess deductions on your 1040NR?
No, that's not how it works. FICA taxes (Social Security and Medicare) are completely separate from income tax. You cannot claim wrongfully withheld FICA taxes on your 1040NR - you must use Form 843 specifically for this purpose. I made this mistake my first year, thinking it would all get sorted out in my annual return. Ended up having to file the Form 843 separately anyway and delayed my refund by months.
I just went through this exact same situation as an F1 STEM OPT student! One thing I'd add to the great advice already given is to make sure you keep detailed records of everything. I created a spreadsheet tracking each pay period where FICA was incorrectly withheld, along with the specific amounts for Social Security and Medicare taxes. Also, don't let your employer off the hook completely. Even though they're being uncooperative about providing documentation, they are still required by law to correct their records and stop future withholding. You might want to escalate within HR or contact their payroll department directly - sometimes different departments are more helpful. One more tip: when you file Form 843, include a cover letter clearly explaining your situation. I wrote a simple one-page letter stating I was an F1 student on STEM OPT, exempt from FICA taxes, and that my employer had incorrectly withheld these taxes. I attached copies of my I-20, EAD card, and pay stubs showing the withholding. This seemed to help the IRS process my claim more efficiently. Good luck with your refund - $4,200 is definitely worth fighting for!
This is really helpful advice! I'm actually in a similar situation right now - just discovered my employer has been withholding FICA taxes for the past 6 months on my F1 OPT. The spreadsheet idea is brilliant, I'm definitely going to track everything that way. Quick question - when you say "escalate within HR," did you have any success getting a written acknowledgment of their error? My HR is also being difficult and I'm wondering if there's a specific way to approach them that might be more effective. Also, do you remember roughly how long it took for your Form 843 to be processed after you submitted it with the cover letter?
Your hospital sounds just like mine! The CEO makes millions while nurses get 8 days PTO total and have to fight for every raise. I looked at our 990s and our CEO got a $2.4M "retention bonus" the same year they froze our retirement contributions!
You should bring this up at a board meeting! Many non-profit boards meet quarterly and have public comment periods. The 990 forms are public specifically so stakeholders like employees can hold organizations accountable. Print out the relevant pages and ask them to explain the justification.
As someone who works in non-profit financial oversight, I want to add that there are actually whistleblower protections for employees who raise concerns about excessive executive compensation. The IRS has specific procedures for reporting potential "excess benefit transactions" at non-profits. If you genuinely believe your CEO's compensation violates the intermediate sanctions rules (which require compensation to be reasonable and properly approved), you can file Form 13909 to report suspected violations. The IRS takes these seriously, especially when there's a pattern of excessive compensation combined with poor employee benefits. However, I'd recommend first trying to work through your organization's governance structure - attending board meetings during public comment periods, or raising concerns through your employee representatives if you have them. Document everything and keep copies of those 990 forms. Sometimes just asking pointed questions about the compensation approval process can prompt boards to be more careful about their oversight responsibilities.
This is really helpful information about the whistleblower protections! I had no idea Form 13909 existed. Before taking that step though, do you have any advice on how to effectively raise these concerns at board meetings? I'm worried about potential retaliation even though there are supposed to be protections. Also, when you mention "document everything" - what specific types of documentation would be most important to keep beyond just the 990 forms themselves?
Great question! Yes, you can convert your SEP IRA to a Roth IRA, but there are some important considerations beyond what others have mentioned. Since you had such a strong year ($70k contribution), you might actually be in a unique position to take advantage of this. One strategy to consider: if your income is typically lower in future years, you could potentially spread the conversion over 2-3 years to stay in lower tax brackets. However, if this was an unusually good year and you expect lower income going forward, converting more now while you're already in a higher bracket might make sense. Also, don't forget about the 5-year rule for Roth conversions - each conversion has its own 5-year clock for penalty-free withdrawals of the converted principal (though this may not matter much if this is truly for retirement). Given the complexity with the pro-rata rule and potential tax implications, you might want to model a few different scenarios - converting the full amount this year, spreading it over 3-4 years, or waiting for a lower income year. The "right" answer really depends on your specific tax situation and income projections.
This is really solid advice about modeling different scenarios! I'm curious about the 5-year rule you mentioned - does that apply separately to each conversion amount, or is it based on when you first start doing Roth conversions? I'm planning to do partial conversions over several years, so I want to make sure I understand how that timing works if I ever need to access the money before traditional retirement age.
Each conversion has its own separate 5-year clock! So if you convert $20k in 2024, that amount becomes penalty-free in 2029. If you convert another $15k in 2025, that portion becomes penalty-free in 2030, and so on. This is different from the 5-year rule for regular Roth IRA contributions, which is based on when you first contributed to any Roth IRA. For conversions, the IRS tracks each one individually. The good news is that if you need to withdraw from your Roth IRA before age 59½, the IRS uses a specific ordering - first your original contributions (always penalty-free), then conversions in chronological order (penalty-free after their respective 5-year periods), and finally earnings (subject to penalties and taxes unless you meet an exception). Since you're planning multiple conversions over several years, I'd recommend keeping good records of each conversion amount and date. Most brokers will track this for you, but it's helpful to have your own records too.
Another important consideration that hasn't been mentioned yet is the impact on your Medicare premiums if you're approaching age 65. Large Roth conversions can significantly increase your Modified Adjusted Gross Income (MAGI), which is what Medicare uses to determine your Part B and Part D premiums through the Income-Related Monthly Adjustment Amount (IRMAA). For 2024, IRMAA kicks in at $103,000 for single filers, and the surcharges can add hundreds of dollars per month to your Medicare premiums. The surcharges are based on your income from 2 years prior, so a large conversion in 2024 would affect your 2026 Medicare premiums. If you're currently under 63, this might not be an immediate concern, but it's worth factoring into your long-term conversion strategy. You might want to complete larger conversions while you're younger and then switch to smaller amounts as you approach Medicare eligibility. This is yet another reason why spreading the $70k conversion over multiple years could be beneficial - it helps you avoid not just higher income tax brackets, but also potential future Medicare premium increases.
This is such an important point about Medicare premiums that I never would have thought of! I'm 45 now so Medicare feels like forever away, but you're right that decisions I make today could impact my costs in 20 years. Do you know if there are any online calculators or tools that can help estimate the long-term impact of conversion strategies on Medicare premiums? It seems like there are so many moving pieces to consider - current tax brackets, future tax rates, Medicare thresholds, inflation adjustments, etc. I'm starting to think I need to create a spreadsheet to model different conversion scenarios over the next 10-15 years to see which approach minimizes my total lifetime tax burden including these Medicare considerations.
I'm so sorry for your loss. Losing a family member is never easy, and it's thoughtful of you to want to share this with your cousin during her difficult time. From a practical banking perspective, I'd strongly recommend depositing the full cashier's check into your account first, then writing a separate check to your cousin. Banks are extremely cautious with third-party endorsements on cashier's checks, especially for large amounts like this. Many won't accept them at all, and those that do often require both parties present with multiple forms of ID. One thing I haven't seen mentioned yet is that you should also consider the emotional/family dynamics here. Having clear documentation that this is a gift (not a loan) protects both of you and prevents any potential family misunderstandings down the road. A simple written acknowledgment from your cousin that she's receiving this as a gift would be wise. Also, since you're dealing with a significant amount, you might want to consult with a tax professional or estate attorney. They can ensure you're handling both the gift tax reporting and any potential state-specific requirements correctly. The peace of mind is worth the consultation fee when dealing with amounts this large.
This is really solid advice, especially about consulting with a tax professional. When you're dealing with amounts this large, the consultation fee is definitely worth avoiding potential mistakes. I'd also add that keeping detailed records of everything - the insurance payout, your deposit, the gift check to your cousin, and any documentation about it being a gift - will be helpful if you're ever questioned about it later. Having a clear paper trail makes everything much easier to explain.
I'm sorry for your loss as well. This is such a generous gesture toward your cousin during a difficult time. One practical consideration that might help with your decision: if you're planning to give her the money anyway, you could potentially have the insurance company issue two separate cashier's checks upfront - one for $39,000 made out to your cousin, and one for $39,000 made out to you. Many insurance companies will accommodate this request from beneficiaries, especially when explained as helping family members. This approach would eliminate the banking complications entirely and create the cleanest paper trail. You'd still need to file Form 709 for the gift tax reporting since you're the beneficiary making the gift, but it removes all the endorsement and deposit concerns. If the insurance company won't split the payment, then definitely go with the deposit-first approach everyone else has recommended. Just be prepared for potential holds on large check deposits - some banks hold cashier's checks for 1-2 business days even though they're supposed to be guaranteed funds. Also, keep copies of everything - the insurance payout documentation, your deposit records, and the check you write to your cousin. This documentation trail will be invaluable for both gift tax filing and any future questions that might arise.
That's brilliant advice about asking the insurance company to issue two separate checks! I never would have thought of that option. It really would eliminate all the banking headaches and create the cleanest documentation. Do you know if there are any restrictions on how insurance companies can split beneficiary payments? Like, do they require specific documentation or justification for splitting a payout between the beneficiary and someone else?
Most insurance companies can split beneficiary payments, but their policies vary significantly. Some require a written request with specific instructions about how to divide the funds and who should receive each portion. Others might need notarized documentation or proof of relationship to non-beneficiary recipients. The key is calling them sooner rather than later - it's much easier to request split payments before they've already issued the original check. If they've already cut the check to you, they typically won't reissue it split unless there's an error on their part. When you call, explain that you want to facilitate a gift to a family member and ask what documentation they need. Most are accommodating since it's still going to the rightful beneficiary (you) or someone you're designating. Just be prepared that this might add a few extra days to the processing time while they prepare the separate checks.
Lucas Notre-Dame
This is definitely the company trying to avoid registering in multiple states! My old job tried to pull this same thing. They don't want to deal with the paperwork and maybe additional business taxes that come with having nexus in multiple states. You should know that some states are actually suing companies for doing this! They're losing out on tax revenue when companies pretend their remote workers don't exist.
0 coins
Aria Park
ā¢Exactly! Companies have to register in states where they have employees - it's not optional. They're just trying to avoid the administrative burden and possibly other business tax obligations.
0 coins
Katherine Harris
This is a frustrating situation that unfortunately many remote workers are dealing with. Your instincts are correct - you should be paying income tax to the state where you physically work and reside, not where your employer's headquarters happens to be located. The company is likely trying to avoid the administrative hassle and costs of registering for payroll taxes in your state. When they have an employee working in a state, they typically need to register there, withhold that state's income taxes, and potentially pay other business taxes too. Here's what I'd recommend: First, document everything in writing with your HR department. Explain that state income taxes should be based on where work is physically performed. If they refuse to budge, you'll probably need to go the dual-filing route that others have mentioned - let them withhold for the wrong state temporarily, then file as a nonresident there to get your refund while filing properly in your home state. Keep detailed records of where you work (utility bills, internet bills, etc.) as proof of your work location. This protects you if either state ever questions your filings. The good news is this situation is becoming common enough that most tax authorities understand it, even if some employers are still trying to avoid their obligations.
0 coins