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I have been working in a student assistant job for almost half a year now and they are taking out taxes for federal and state but, have yet to take out for Social security or medicare. I have another job outside of school and they take withholding out for everything. Is there another form I can fill out to have them withold for social security and why aren't they doing this in the first place?

2007-11-20 17:52:53 · 3 answers · asked by Anonymous in Business & Finance Taxes United States

I am going to talk to them today. I am a native U.S. citizen and I filled out an I-9 where I stated that. But, If they have mistakenly classified me as a foreign student then how do I pay the social security witholding they did not take out for my previous pay checks? I made about 5,000 dollars.

2007-11-21 00:25:20 · update #1

3 answers

There is a special section of the IRS tax code that states schools do not have to pay FICA/MC for students.

I was college 30 years ago...I'm a US citizen. My on campus job didn't withhold for FICA/MC and yes, they did it right.

There are TWO different IRCs. One (IRC 3121) that covers college students working at their college (US, residents, and non-resident aliens as well) and another (IRC 7701) one that covers foreign students (non-resident only). 3121 applies only to campus jobs while you are taking classes; 7701 applies to certain off campus jobs related to the career.

2007-11-20 18:00:31 · answer #1 · answered by Anonymous · 0 0

What is your visa status? If you are a foreign student on an F or J visa then bona-fide work study or OPT programs are not subject to Social Security or Medicare withholding. That would apply to authorized work study and OPT employment off-campus as well. In that case the income from your other job isn't subject to SS and Med taxes. The employer must refund those taxes directly to you. If your other job isn't under the school's work study or OPT programs then you're probably working illegally unless you have a work permit. And if that is under a work permit then it is subject to SS and Med taxes.

If you are a US citizen, then the school should be withhholding SS and Med taxes. They probably have you mis-classified as a foreign student. Get this corrected as you are liable for the taxes.

2007-11-20 22:16:53 · answer #2 · answered by Bostonian In MO 7 · 0 1

College work-study jobs aren't subject to social security and medicare. So they are doing it correctly, and no, you can't get it changed.

Your job outside of school is subject to these deductions.

2007-11-21 03:34:07 · answer #3 · answered by Judy 7 · 0 0

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