Rev. date: 1/1/2010If social security tax and Medicare were withheld in error from
pay received that was not subject to the taxes, you must first contact the
employer for reimbursement.
If you are unable to get a refund from the employer, file a
claim for refund with the Internal Revenue Service on
Form 843 (PDF),
Claim for Refund and Request for Abatement.
You must attach the following to your claim:
-
A copy of your
Form W-2 (PDF),
Wage and Tax Statement, to prove the amount of tax withheld;
-
A copy of your valid entry visa;
-
Copies of the pay stubs that cover the period of exemption
from social security taxes if your visa status changed during the tax year;
-
A copy of INS Form I-94, Arrival/Departure Record if you are
still in the United States;
-
A copy of Form I-20 if you have a F-1 visa;
-
A copy of Form DS-2019 if you have a J-1 visa;
-
Form I-766 or Form I-688B if you are engaged in optical practical
training, and
-
Form 8316,
Information Regarding Request for Refund of Social Security
Tax, a statement from your employer containing identical information,
or a signed statement stating that you have requested a refund from the employer
and have not been able to obtain one.
Processing of your claim may be delayed if you submit it less
than six weeks after you filed
Form 1040NR (PDF) or
Form 1040NR-EZ (PDF).
For where to mail your claim and more information, refer
Publication 519,
U.S. Tax Guide for Aliens.
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