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How long does it typically take for the IRS to refund FICA taxes wrongfully withheld from an F-1 visa holder, and at what point should I consider pursuing legal action against the IRS if the issue is not resolved?
How long does it typically take for the IRS to refund FICA taxes wrongfully withheld from an F-1 visa holder, and at what point should I consider pursuing legal action against the IRS if the issue is not resolved?
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Robert James, 20+ years of experience in IRS mattersAnswered on September 27,2023
The problem is that a lot of employers don't proactively verify whether you are subject to FICA withholding or not, especially if you didn't indicate you are a Nonresident alien on your W-4 form when you first started. There are special instructions for how Nonresident aliens fill out Form W-4 on IRS Notice 1392:
About Notice 1392, Supplemental Form W-4 Instructions for Nonresident Aliens
If you filled out the W-4 online, I'm not even sure that a line to write "Nonresident alien" is available.
Another problem is that it's basically on you to make sure the correct amount of taxes are withheld from your paychecks by checking your paystubs.
In any case, this isn't a refund that can be automated at this time, so you're waiting for a human to get to your paperwork. I don't know how long it's taking right now to get this type of refund.
I also don't think filing a lawsuit is going to accomplish anything, but you can always try it if you want.
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