Currently on F1 Visa status. Previous employer withheld FICA taxes. I realized only after filing taxes. After reaching out to them and explaining, a few months later they finally gave me a W2C but did not refund any money. I am not sure what should I do. File my taxes again with IRS? I had filed my taxes with my spouse. Please suggest how do I go about this.


2 Answers 2


According to this, if your employer will not refund FICA taxes withheld in error, you need to file forms 843 and 8316 with IRS. Unfortunately, I have heard that it sometimes takes years for them to respond to those.


The employer most likely has already sent that money that was withheld to the IRS. Therefore they cannot refund you any money. Instead you need to get the money back from the IRS. You do this by filing a tax return.

Your W2C will show that taxes were withheld (I.e., that you paid taxes). The rest of the return will show that no taxes were due and therefore you are entitled to have your money refunded. If you have already filed for that tax you, you just need to file an amended return with the new data. That amendment will show that you are to be refunded the extra money. Then just wait several weeks for the payment from the IRS.

As pointed out user102008, if it is Medicare and social security taxes that have been withheld in error, then you need to file a different set of forms with IRS. It would be nice if refunding FICA also occurred via the tax return.

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    Filing an income tax return does not help. Mistakenly withheld FICA taxes cannot be refunded through an income tax return.
    – user102008
    Commented Dec 17, 2016 at 21:22

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