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Q: Social Security Tax and Medicare Tax ( Answered 4 out of 5 stars,   0 Comments )
Subject: Social Security Tax and Medicare Tax
Category: Relationships and Society > Government
Asked by: srini1976-ga
List Price: $3.00
Posted: 24 Oct 2005 22:17 PDT
Expires: 23 Nov 2005 21:17 PST
Question ID: 584544
I am a foreign alien staying in US on a temporary VISA. I am sure i am
not going to stay in US not more than 2 ? 3 years. My question is ?Do
I need to pay social security tax in my case ?. I know my loved once
will get paid in case of death or even I will get paid in case of
disability. But for all this benefits I am having plans in my mother
country ever since I started my earnings.
	Hope above explanation makes clear. So in this situation ?Do I need
to pay social security tax??. If I don't have to pay Social security
tax, I need some reference to IRS code or Tax code some thing like
that so that I can pass to my employer asking not to hold any social
security tax or Medicare tax.
Subject: Re: Social Security Tax and Medicare Tax
Answered By: hummer-ga on 25 Oct 2005 07:10 PDT
Rated:4 out of 5 stars
Hi srini1976,

Social Security tax is deductible unless you fall within one of the
exemptions listed below (click on the link for more details).
Aliens Employed in the U.S. ? Social Security Taxes
"Wages paid to nonresident aliens employed within the United States by
an American or foreign employer, in general, are subject to Social
Security/Medicare taxes for services performed by them within the
United States, with certain exceptions based on their nonimmigrant
status. The following classes of nonimmigrants and nonresident aliens
are exempt from U.S. Social Security and Medicare taxes:
    * A-visas. 
    * D-visas. 
    * F-visas, J-visas, M-visas, Q-visas. 
    * G-visas. 
    * H-visas. Certain nonimmigrants in H-2 and H-2A status are exempt
from Social Security/Medicare taxes as follows:
          o An H-2 nonimmigrant who is a resident of the Philippines
and who performs services in Guam;
          o An H-2A nonimmigrant admitted into the United States
temporarily to perform agricultural labor.,,id=131635,00.html

Refund of Taxes Withheld in Error
"If social security or Medicare taxes were withheld in error from pay
that is not subject to these taxes, 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, Claim for Refund and Request for
Abatement. Attach the following items to Form 843:
    * A copy of your Form W-2 to prove the amount of social security
and Medicare taxes withheld,
    * A copy of the page from your passport showing the visa stamp,
    * INS Form I-94,
    * If applicable INS Form I-538, Certification by Designated School
Official, and
    * A statement from your employer indicating the amount of the
reimbursement your employer provided and the amount of the credit or
refund your employer claimed or you authorized your employer to claim.
If you cannot obtain this statement from your employer, you must
provide this information on your own statement and explain why you are
not attaching a statement from your employer.
    * If applicable, Form 8316,Information Regarding Request for
Refund of Social Security Tax Erroneously Withheld on Wages Received
by a Nonresident Alien on an F, J, or M Type Visa",,id=104936,00.html

If you find that you aren't exempt, check to see if your country has
signed a "Totalization Agreement" with the U.S. (click on the
following link). If so, you'll still have to pay Social Security tax
but any credits earned will be shared with your home country.

U.S. International Social Security Agreements
"International Social Security agreements, often called "Totalization
agreements," have two main purposes. First, they eliminate dual Social
Security taxation, the situation that occurs when a worker from one
country works in another country and is required to pay Social
Security taxes to both countries on the same earnings. Second, the
agreements help fill gaps in benefit protection for workers who have
divided their careers between the United States and another country."
"Other features of U.S. law increase the odds that foreign workers in
the United States will also face dual coverage. U.S. law provides
compulsory Social Security coverage for services performed in the
United States as an employee, regardless of the citizenship or country
of residence of the employee or employer, and irrespective of the
length of time the employee stays in the United States. Unlike many
other countries, the United States generally does not provide coverage
exemptions for nonresident alien employees or for employees who have
been sent to work within its borders for short periods. For this
reason, most foreign workers in the United States are covered under
the U.S. program."
"Workers who have divided their careers between the United States and
a foreign country sometimes fail to qualify for retirement, survivors
or disability insurance benefits (pensions) from one or both countries
because they have not worked long enough or recently enough to meet
minimum eligibility requirements. Under an agreement, such workers may
qualify for partial U.S. or foreign benefits based on combined, or
"totalized," coverage credits from both countries."

I hope this gives you good news. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,

I searched at the IRS website for international social security information.

Request for Answer Clarification by srini1976-ga on 26 Oct 2005 12:11 PDT
Hi Hummer,

Thank you for your details.
To be more clear I am specifying my VISA status that is I am on H1B Visa.
I want to know wether H1B is exempted from Social security
tax/Medicare Tax or not. In below you have mentioned H-Visas and under
that H-2 and H-2A. I couldn't understand this statment means.

Can you please answer wether H1B is exempted or not.


Clarification of Answer by hummer-ga on 26 Oct 2005 17:06 PDT
Dear Srini,

Thank you for your clarification. No, I'm sorry to say that H-1 is not
listed as being exempt for Social Security/Medicare taxes so therefore
your employer is correct in deducting them from your income. The link
I gave you (the first one) is the IRS information page for businesses
regarding international taxpayers and is reliable and up-to-date.

Have a look at my third link to see if your country has an agreement
with the U.S. regarding sharing Social Security credits.

I'm sorry it has taken me so long to get back to you but our
electricity has been off since early this morning until tonight.

srini1976-ga rated this answer:4 out of 5 stars and gave an additional tip of: $1.00
Mr.Hummer has done a greate job. I am totally satisfied.

There are no comments at this time.

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