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My visa status changed from F1 to H1B in 2017, but my employer forgot to withold FICA taxes for me since the visa status change. (I'm a full-time employee who received a W2, and am not an independent contractor.) I already filed my taxes for 2017.

What is the best option for me to have the FICA taxes paid correctly, out of the three options below?

  1. File an amended return along with "Form 8919, Uncollected Social Security and Medicare Taxes on Wages". (Will I have to pay a penalty in this case, although the mistake was on my employer's part?)

  2. Ask my employer to correct the mistake with IRS, and I then my employer can collect my share of the taxes from me. (But will I have any problems with the IRS such as an audit, since the W2 in the return that I originally filed shows no FICA taxes withheld?)

  3. Wait for the IRS to reply to my tax return, and ask them for the best way to resolve the unpaid FICA taxes. (Again, will I have any problems with the IRS such as an audit in this case?)

[This is not a duplicate of other similar questions, as none of them talks about Form 8919 as a possible option to address the problem. Form 8919 was introduced a few years ago, but mainly for those who receive a Form 1099 from the employer treating them incorrectly as an independent contractor, instead of a Form W2.]

[When answering, I'd really appreciate it if you could also specify your experience/background that makes you believe that your answer is credible and the correct choice, or if you are just speculating. Thanks a ton!]

  • when did you change visa status in 2017? and did any of your work with them take place under F1? – mhoran_psprep Apr 22 '18 at 11:49
  • Why not proactively contact the IRS? Give them a call at 1-800-829-1040. – Hart CO Apr 22 '18 at 14:26
  • Dup or at least related: money.stackexchange.com/q/77004/17718 – TTT Apr 23 '18 at 18:09

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