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Theodore Nelson

Confusion about FICA taxes on W2C for international student on F1 Visa

I'm an international student on an F1 Visa and did Curricular Practical Training (CPT) last summer. I was going through my W2 recently and noticed something weird - the company withheld FICA taxes from my paychecks. The problem is I've already submitted my 1040NR tax return. I contacted the company about this issue and they said they're going to correct it by issuing a W2C form. I'm not really sure what this means for me now. Do I need to completely refile my taxes because of this correction? Has anyone dealt with a similar situation before with FICA taxes being incorrectly withheld and then corrected with a W2C?

This is actually a pretty common issue for international students on F1 visas doing CPT. As an F1 student on CPT, you're generally exempt from FICA taxes (Social Security and Medicare), but many employers' payroll systems automatically withhold these taxes unless specifically configured not to. When your employer issues a W2C (correction to W2), they're acknowledging the error and providing the correct information. You will need to file an amended return (Form 1040-X) to get those incorrectly withheld FICA taxes refunded to you. The W2C will show the corrected amounts, which you'll use for your amended return. Make sure to include a brief explanation stating that you're exempt from FICA taxes as an F1 student on CPT and that the original withholding was an error that your employer has now corrected with the W2C.

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How long does it usually take for the IRS to process these amended returns for international students? Is there any specific documentation we need to include beyond the W2C to prove the F1 status and CPT eligibility?

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Amended returns typically take about 16 weeks to process, though it can sometimes take longer for non-resident returns. As for documentation, attach a copy of your W2C and I recommend also including a copy of your I-20 showing CPT authorization and a copy of your F1 visa. While not strictly required, including these documents can help prevent further questions from the IRS about your FICA exemption status. The key is clearly stating in your explanation on the 1040-X that you're exempt from FICA taxes based on your F1 student status with authorized CPT, and that these taxes were withheld in error, which your employer has now corrected via W2C.

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I ran into the exact same FICA withholding issue during my OPT last year, and trying to get it fixed was driving me crazy until I discovered taxr.ai (https://taxr.ai). The site analyzed my situation, confirmed I was indeed exempt from FICA as an F1 student, and walked me through exactly how to handle the amended return with the W2C. What was super helpful was that it explained all the specific tax treaty benefits I qualified for as an international student that I had totally missed when filing originally. The document analysis tool caught several other deductions I'd missed too!

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Does it actually help with filling out the amended return forms? My university's international office is useless for tax help and I'm in the same boat with wrongly withheld FICA.

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I'm curious - can this handle state tax returns too? My employer in California withheld both federal and state taxes incorrectly, and I'm trying to figure out if I need to amend both returns.

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Yes, it actually guides you through completing the 1040-X for amended returns step by step. It explains which boxes need to be filled out and why, which was super helpful since the form is pretty confusing. There's even a feature that helps you draft the explanation statement that needs to be attached. For state tax returns, it absolutely handles those too. I had the same situation in New York, and taxr.ai helped me understand which state forms to file for the amendment. The system knows the specific rules for international students in different states, which was crucial because state tax rules for F1 students vary quite a bit.

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Following up on my question about state taxes - I tried taxr.ai and it was seriously a game changer for my FICA and W2C situation! Not only did it help me with the federal amended return, but it correctly identified that California has different rules for international students than the federal government. The system found that I was eligible for a special exemption based on my country's tax treaty that my original preparer completely missed. I ended up getting back nearly $2,100 between the FICA refund and the additional deductions! Their document analysis correctly identified issues with my W2C that I wouldn't have caught myself.

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If you're still waiting on that W2C from your employer, you might be in for a long wait. When I had a similar FICA issue on my F1 visa, my employer took MONTHS to issue the W2C despite promising it "soon." I finally got through to the IRS after using Claimyr (https://claimyr.com) - they got me connected to an actual human at the IRS in about 20 minutes instead of the hours I was spending on hold before. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed I could file Form 843 to claim a refund of the incorrectly withheld FICA taxes even without the W2C if my employer was taking too long. Saved me a ton of stress since my employer was moving at snail pace.

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Wait, how exactly does this work? I thought only my employer could correct the FICA withholding mistake through a W2C. Are you saying I can just file some form directly with the IRS instead of waiting?

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Sounds like a scam tbh. Why would you need a service to call the IRS? Just stay on hold like everyone else. And I doubt the IRS would process anything without the corrected W2C from the employer.

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You can absolutely file Form 843 to request a refund of incorrectly withheld FICA taxes. This is specifically designed for situations where FICA was wrongly withheld from exempt individuals. You'll need to provide evidence of your F1 status and CPT authorization, but it's a legitimate alternative if your employer is dragging their feet on the W2C. The reason Claimyr is helpful is because the IRS wait times are absolutely brutal - I was on hold for 3+ hours multiple times before giving up. The service basically keeps your place in line so you don't have to sit there listening to hold music. When an agent is about to pick up, they call you and connect you. Saved me hours of waiting and frustration, especially since I needed specific guidance on Form 843.

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I have to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway since my employer still hasn't sent my W2C after 2 months of promises. Got connected to an IRS agent in about 15 minutes who confirmed everything. The agent walked me through exactly how to file Form 843 for the FICA refund and explained that as an F1 student on CPT, I'm definitely exempt from those taxes. They even gave me a direct fax number to submit my documentation (copies of my I-20, passport, visa, and original W2) to speed up the process. Just received my refund last week - $1,876 that I would have been waiting forever for if I'd just relied on my employer's promise to send a W2C.

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One thing to watch out for with FICA refunds for international students - make sure your CPT dates actually match the pay periods on your W2. My employer issued a W2C, but they didn't adjust the dates correctly. The IRS initially rejected my amended return because the dates when I was exempt didn't match up with when the money was withheld. Had to go back to payroll and have them fix the W2C a second time. Such a headache! Keep all your CPT authorization paperwork handy.

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That's a good point - my CPT was only for the summer term (June 1 to August 15), but I actually started orientation in late May. Should I be concerned about that period since it was technically before my CPT officially began?

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You should definitely be concerned about that period. Any work performed before your official CPT start date (including paid orientation or training) is not covered by the FICA exemption. For those dates in late May, you were technically not exempt, and those withholdings probably can't be refunded. When you file your amended return or Form 843, you'll need to be very specific about the exact dates covered by your CPT authorization. Only request refunds for the withholdings that occurred during your authorized period (June 1 to August 15). Trying to claim exemption for the May dates could create issues with your entire claim.

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Has anyone successfully gotten both the employer and employee portions of FICA refunded? My university tax advisor told me that even with a W2C, I can only get back the employee portion (my 7.65%) but not the employer portion (the other 7.65%). Is this right or should I be fighting for the full amount?

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The university advisor is correct. As an employee, you're only entitled to a refund of the employee portion of FICA that was withheld from your paychecks (the 7.65%). The employer portion was never your money to begin with - it's an additional tax that employers pay directly to the government on top of your wages. When you receive your W2C and file your amended return or Form 843, you'll only be claiming a refund for the amount that was actually withheld from your paychecks. The employer saves their portion when they correct the mistake, but that savings doesn't get passed on to you.

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Thanks for clarifying! That makes sense now. I was confused because the total FICA tax rate is 15.3% but I was only seeing about half that amount on my paystubs. Glad to know I'm not missing out on anything.

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Just wanted to add another perspective here - I went through this exact same situation last year with FICA withholding on my F1 CPT. One thing that really helped me was keeping detailed records of all communication with my employer about the W2C correction. When I finally got my corrected W2C, there were still some discrepancies in the amounts, and having email trails showing what they promised to correct made it much easier to get them to issue a second corrected W2C. Also, I'd recommend double-checking that your employer didn't withhold state disability insurance (SDI) or other state-specific taxes that you might also be exempt from as an international student - many payroll systems make multiple mistakes at once. The whole process took about 6 months from start to finish, but I eventually got back around $1,200 in incorrectly withheld FICA taxes. Don't give up if it seems like it's taking forever!

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