Home > File Form 843 AND Form 8316 - Refund of Social Security (SS) and Medicare Taxes on F1,J1,OPT Taxes - Learn More > File Form 843 AND Form 8316 - Checklist

File Form 843 AND Form 8316

  • File Form 843 and Form 8316 to Claim for Refund of Social Security (SS) and Medicare Taxes withheld in error, on wages of a Non Resident Employee in F1, J1, M visas or Optional Practical Training - OPT Tax.

  • If Social Security and Medicare Taxes were withheld in error from pay, during filing F1, J1, OPT Taxes (Optional Practical Training ) , contact the employer who withheld the taxes for a refund.

  • If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843 AND Form 8316, Claim for Refund and Request for abatement.

  • Form 843 AND Form 8316 must be filed no later than the third anniversary (within 3 years), of the due date for the annual tax return for the year in question.

  • The refund of Social Security and Medicare taxes are not guaranteed. Each case is judged on its own merits and circumstances, and the refund request can be denied.

  • If the request is denied, it can be appealed, both administratively and in tax court. However, as a practical matter, the cost of such appeals in tax court will normally exceed any potential refund.



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