About tax waiver for OPT EAD

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How to waive the medicare and social security tax while working through OPT EAD. Do I have to wait till the end of a year to file the tax return or is there a way to waive them in every paycheck. Please share your experiences and how you guys are dealing with it. Every suggestion will be appreciated.
Thank you.

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maxpayne

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You tell your employer you are on OPT, when setting up payroll, they will override the tax implications.

chemistry comrade

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I talked with the employer just after joining the work. They said you have to pay it it is the law. They said after 5 years in USA you have to pay tax just like Americans do. I am not sure if it is true.

Everest8448

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If you are more than 5 yrs in US, then you are supposed to pay both tax. We can only get refund within 5 years. However, we need to fill out below different form and send the concern office. They will normally mail check or RFE.

form 843 http://www.irs.gov/pub/irs-pdf/f843.pdf

form 8316 http://www.irs.gov/pub/irs-pdf/f8316.pdf

Employer do withholding tax as like regular employee either F1 or not.

hardworker1

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Thanks everyone for the reply. Do I have to ask my employer in written to refund my tax before I file these two forms or I can file directly without notifying employer? Do I have to wait for the end of this year to file these forms?

Everest8448

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You do not need to ask your employer. You will get refund paid by yourself. Employer match won't be refunded. It is not necessary to notify your employer. That's not their business. It will only impact on your retirement and credit count for refund period. That's all.

hardworker1

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Thank you Everest for the info.

hardworker1

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I have one additional question for Everest, Does it apply to the TPS EAD too ?

Everest8448

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Hey Hardworker1,

It does not apply on TPS-EAD. If you use TPS card, then you should pay social security and medicare tax.

It's only works for F1, J1 (if applicable) to show CPT or OPT status.

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