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I was an intern at a company in 2016. I am currently on F1 visa (Non Resident Alien under 5 years) and therefore exempt fro SSN and Medicare taxes (FICA).

My employer withheld these taxes and gave me a W2 in January 2017.

They said they cannot issue a refund to me, nor give me a letter for Form 843. However they can give a corrected W2C moving all FICA taxes to Federal taxes.

Does this mean if I file my tax returns with new W2C then I will get my refund of FICA as it will count as excess Federal withheld?

There have been questions like these in the past but none of them addressed what happens if employer moves FICA to Federal.

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  • Can an employer even do that? Doesn't the employer have to report amounts withheld quarterly to the government, where they report withheld income tax and withheld FICA taxes separately?
    – user102008
    Feb 8, 2017 at 1:30
  • @user102008 Well they have mentioned that they will do it. I am not sure why cant they do it? Also I interned last quarter of 2016 so maybe they can. Do you know the answer to the question?
    – user2961712
    Feb 10, 2017 at 2:11

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