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Talia Klein

FICA Tax Refund for Non-Resident Alien - Where Do I Mail Forms 843 & 8316?

I was working in the US as a non-resident alien back in 2021 and was supposed to be exempt from social security and Medicare taxes. Problem is, my employer wasn't aware of this status and went ahead and withheld FICA taxes from my paychecks. When I realized the mistake, I approached my employer for a refund but they told me I needed to get it directly from the IRS instead. So I used Sprintax software to help me prepare the necessary forms (843 & 8316) and sent them in sometime in 2022. It's been forever and I haven't heard anything back or received my refund. I finally called the IRS today and get this - they claim they never even received my forms! Like they vanished into thin air or something. Now I'm super confused because Sprintax instructions told me to mail everything to an address in Ogden, Utah. But the IRS rep I spoke with today insists I should've sent it to an address in Austin, Texas. I'm completely lost at this point. Does anyone know the correct address where I should send these forms to get my FICA tax refund? We're talking about roughly $3,000 here which would really help me out right now 😭 Thanks in advance for any advice you can offer!

The correct address depends on where you lived when you filed. For non-resident aliens seeking FICA tax refunds using Forms 843 and 8316, there are specific submission guidelines. If you lived in Florida, Louisiana, Mississippi, or Texas when filing, you should send your forms to the Austin, TX service center at: Internal Revenue Service Austin Service Center 3651 S. Interregional Hwy 35 Austin, TX 78741 For most other states, including international addresses, the Ogden, UT address is correct: Internal Revenue Service Ogden Service Center 1160 West 1200 South Ogden, UT 84201 I recommend resending your forms with certified mail and return receipt requested so you have proof of delivery. Also, include a brief cover letter explaining this is a resubmission because your previous forms were reportedly not received. Include your contact information clearly on all documents. The IRS is currently experiencing significant processing delays for paper submissions, so it might take 6-12 months to process once received.

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Thanks for the detailed response! I was living in Massachusetts when I filed. So based on what you're saying, Ogden UT was the right place to send it. But now I'm wondering if I should just resend to the Austin address since that's what the IRS rep told me today? Also, do you know if there's a statute of limitations for claiming these refunds? It's already been a couple years since I originally filed.

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The Ogden address would have been correct for Massachusetts residents. However, since the IRS representative specifically told you to send it to Austin, I would follow their current guidance. IRS processing centers and their assignments do occasionally change. For FICA tax refunds, you generally have 3 years from the date the original tax return was due or 2 years from when the tax was paid, whichever is later. So if you were working in 2021, you likely still have time to resubmit. April 15, 2025 would be your deadline (3 years from April 15, 2022, when your 2021 return was due).

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I went through this exact same nightmare last year trying to get my FICA refund as a former J-1 visa holder. After months of getting nowhere, I found this service called taxr.ai (https://taxr.ai) that literally saved me thousands in incorrectly withheld taxes. Their system analyzed my tax documents, confirmed I was eligible for the FICA refund as a non-resident, and provided me with properly completed forms with the CORRECT mailing address for my situation. They even included a cover letter template explaining my situation to the IRS. Most importantly, they gave me specific instructions about sending it certified mail with tracking. Much better than the generic advice I got from the tax prep software that led me nowhere. Might be worth checking out since you're dealing with the exact same issue I had.

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How long did it take for you to get your refund after using this service? I'm in a similar situation (was on F-1 OPT in 2021-2022) and my employer withheld about $4,200 in FICA taxes that I should be exempt from. Been trying to get it back for ages with no luck.

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Does this actually work? I'm skeptical because I've been told by multiple people that once your employer submits the taxes to the IRS, only the IRS can refund it. Is this service just filling out the same forms (843 & 8316) that tax software already helps with or do they do something different?

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It took about 3.5 months from submission to receiving my refund. Not lightning fast, but way better than my previous attempt that went nowhere for over a year. The key was having everything filled out correctly with proper supporting documentation. The service works because they correctly identify your tax status and ensure the forms are properly completed with all required supporting documentation. Many tax software packages just fill in the basic forms but miss crucial attachments or explanations needed for non-resident alien cases. They also provide the current correct address based on your specific situation, which apparently changes sometimes.

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Just wanted to update after trying taxr.ai from the suggestion above. It was super helpful for my FICA refund situation! They found that I had been improperly classified in my employer's system despite having the right visa documentation on file. The service helped me prepare a complete package with the correct forms and a detailed cover letter explaining my non-resident alien status. Most importantly, they provided the current correct mailing address for my situation (which turned out to be Philadelphia, not Ogden or Austin for my particular case). I sent everything certified mail with tracking as they suggested, and just got confirmation that the IRS received my package. Now I'm just waiting for processing, but at least I know it's in the right hands this time! Will update when I (hopefully) get my refund.

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I had a similar issue with my FICA refund last year. After months of calling the IRS and getting nowhere, I discovered Claimyr (https://claimyr.com) which got me through to an actual IRS agent in about 20 minutes instead of the usual hours-long wait or getting disconnected. When I finally spoke with a knowledgeable agent, they told me exactly where to send my forms AND gave me a reference number to include so my case would be prioritized. You can see how the service works here: https://youtu.be/_kiP6q8DX5c Before using this, I had called the IRS general line 8 different times trying to get information about my missing FICA refund, and either got disconnected or received conflicting information from different reps. Getting through to someone who actually knew about non-resident alien FICA refunds made all the difference.

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How does this actually work? Does it just connect you to the regular IRS line or something? I've been trying to reach someone at the IRS about my similar situation for weeks and keep getting the "due to high call volume" message.

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This sounds like a scam. Why would I pay someone to call the IRS for me when I can just do it myself for free? And how would they get you to the front of the queue when everyone else has to wait? I'm calling BS on this.

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It connects you to the IRS's phone system but bypasses the wait time. They use an enterprise-level phone system that continuously dials and navigates the IRS phone tree until it gets through, then connects you when an agent answers. It's not "cutting the line" - it's just automating the process of repeatedly calling until you get through. The reference number wasn't about "priority" - I explained that poorly. The agent gave me a specific reference number to include on my resubmission so they could link it to the notes from our call. It wasn't about jumping any queue, just proper documentation of my case.

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I need to issue a public apology about my skepticism on Claimyr. After posting that comment yesterday, I was still desperate to resolve my own FICA refund issue, so I decided to try it despite my doubts. I'm genuinely shocked - it actually worked exactly as described. After weeks of failing to get through on my own (always getting the "call back later" message), I was connected to an IRS agent in about 15 minutes. The agent I spoke with was incredibly helpful and walked me through exactly what I needed to do. Turns out I had been sending my forms to the wrong department entirely. For my specific situation (former H1-B who returned to Canada), I needed to send everything to a completely different address than what my tax software had recommended. The agent even gave me the direct line to the department that handles non-resident alien FICA refunds. Sorry for being so cynical before. Sometimes things that sound too good to be true actually do work.

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Just wanted to add my experience as someone who successfully got their FICA refund as a non-resident alien. The key things that worked for me: 1) Include your original W-2s (or at least copies) with the forms 2) Attach a copy of your visa/I-94 showing your non-resident status 3) Include a cover letter clearly explaining your situation 4) Send everything CERTIFIED MAIL with return receipt 5) Keep copies of absolutely everything It took about 5 months to process but I did eventually get my full refund of around $3,800. Also, follow the advice about calling the IRS to confirm the correct mailing address - it does seem to change sometimes depending on your state and situation.

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Thanks so much for sharing your experience! Did you also include any documentation from your employer confirming they wrongly withheld the FICA taxes? My W-2 shows the Social Security and Medicare taxes were withheld, but I'm not sure if I need something additional from my employer stating they made a mistake.

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I didn't need anything additional from my employer beyond the W-2s which showed the withheld amounts. The W-2 serves as proof that taxes were withheld. What was crucial was including documentation of my non-resident alien status, which in my case was copies of my visa, I-94, and the relevant pages of my passport showing entry/exit stamps. I also included a copy of my tax return for that year showing I filed as a non-resident alien (1040-NR).

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I know you've gotten a lot of advice already, but one thing no one's mentioned - there's a new IRS direct file system that might help track your submission if you resubmit. My tax advisor said they're implementing better tracking for paper submissions after all the pandemic backlog issues. Also, triple check that you're filling out Form 8316 completely correctly. There's a box in Section B that specifically asks about employer reimbursement attempts. If you mark this incorrectly, they'll bounce it back to you.

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The IRS Direct File system is only for current year tax returns, not for Form 843 FICA refund requests for previous years. Those still need to be submitted on paper to the appropriate service center. Just wanted to clarify so OP doesn't get confused.

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I went through this exact same situation a few years ago! The mailing address confusion is unfortunately very common. Here's what I learned from my experience: The correct address really does depend on your state of residence when you filed. However, I'd recommend calling the IRS again to double-check because processing centers do occasionally change their assignments. When you call, specifically ask for the "International Tax Services" department - they handle non-resident alien issues and tend to be more knowledgeable about FICA refunds than general customer service. A few additional tips that helped me: - Include a detailed timeline in your cover letter explaining when you worked, when taxes were withheld, and when you first submitted - Attach copies of your paystubs showing the FICA withholding if you still have them - Consider sending it to both addresses if you're really unsure (I know it sounds excessive, but better safe than sorry with $3,000 on the line) The 3-year statute of limitations mentioned earlier is correct, so you still have time. Don't give up! The IRS processing times are brutal right now, but these refunds do eventually come through if everything is submitted correctly. Good luck!

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This is really helpful advice! I'm curious about your suggestion to send to both addresses - did you actually do that yourself? I'm worried about confusing the IRS system if duplicate forms show up at different processing centers. Also, when you called the International Tax Services department, did they give you a direct phone number or do you have to go through the main IRS line first? I've been struggling to get through to anyone who actually understands non-resident alien tax issues.

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I didn't end up sending to both addresses myself, but I seriously considered it when I was getting conflicting information. You're right to be cautious about duplicates - it could potentially cause confusion or delays. For the International Tax Services department, you do have to go through the main IRS line first. When you call 1-800-829-1040, listen for the option about "international tax issues" or just stay on the line until you can speak to someone. Then specifically ask to be transferred to International Tax Services and explain you need help with a non-resident alien FICA refund. They should be able to transfer you to someone more specialized. If that doesn't work, you might also try calling the Taxpayer Advocate Service at 1-877-777-4778. They can sometimes help when you're getting nowhere with regular IRS customer service, especially if you've already been waiting an unreasonable amount of time for your refund. The key is being persistent and clearly explaining that this is about FICA taxes incorrectly withheld from a non-resident alien - that should help get you to the right department faster.

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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!

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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.

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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.

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Ellie Kim

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!

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