Ex-employer didn't withhold social security and medicare taxes

Forum|Forum|1 year ago
February 14, 2025
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I switched jobs last year and just received my W-2 from my previous employer for 2024. In that W2, I can see that no Social Security or Medicare taxes were withheld from my paychecks. Upon further checking, I see that they were not withheld in my 2023 W2 as well.

I'm a foreign national who met the substantial presence test (5 years) when I started that previous job, so I think those taxes should've been withheld. Upon contacting the employer, they mentioned that since I was on an F1 visa they automatically put me down as a non-resident for tax purposes and are unwilling to give me a corrected W2 for this or last year, quote: "There is no way for us to make any corrections, because 2023 and 2024 are closed and you are no longer employed with the company."

I got my full refund for 2023, so I think I can file my taxes the same way for 2024. But I'm worried about any personal liability around those taxes, and potential trouble with the IRS. I'd much rather just pay the IRS what I owe than deal with an audit. Questions:

1. Is a non-resident who meets the substantial presence test personally liable for social security taxes that were incorrectly not withheld by the employer?

2. What're my options here? Should I file the Form 8919 and inform my previous employer that I'm doing so? Should I file taxes regularly as I did last year?

To make matters worse, I need to file taxes in three different states. Does that affect anything at all?

Not A Product Question

Best answer by DaveF1006

If you met the substantial presence test, you became a resident alien starting in year 2023 thus FICA taxes should have been withheld starting year 2023. This means these should have been withheld in 2024 as well. Here is how to file form 8919 in your Turbo Tax return for year 2024.

Open TurboTax and sign in to your account.
Navigate to the Federal section: Click on "Federal" in the left-hand menu.
Go to Wages & Income: On the "Your 2024 Income Summary" screen, scroll down to the last section called "Less Common Income."
Select Miscellaneous Income: Click the "Start" button for "Miscellaneous Income, 1099-A, 1099-C."
Choose Other Income: On the next screen, click the "Start" button for "Other income not already reported on a Form W-2 or Form 1099."
Answer the questions: The next few screens will ask about household employee wages, sick or disability pay, and Medicaid waiver payments. Click "Continue" on these screens without entering anything.
Enter Employee Compensation: When asked if you earned any other wages, select "Yes" and click "Continue." Then, select "Employee compensation that was not reported on a W-2."
Enter Employer Information: On the "Report Your Wage Income" screen, enter your employer's name and EIN from your W-2. For "Total Wages Received,"

TurboTax will prepare and file Form 8919 for you with your return, and the Social Security and Medicare taxes will be calculated and included in your total tax liability.

You will need to amend your 2023 and repeat the same steps I have just listed. if you used Turbo Tax in 2023, here is the amendment process.

To amend your return using Turbo Tax Online.

Log into Turbo Tax
Select Scroll down Your tax returns & documents in your landing page.
Select Amend (change) 2023 return.

To amend using the 2023 Desktop Software, go to:

Federal Taxes
Other Tax Situations>other tax forms
Amend a return

DaveF1006

To clarify, what was the date when you first entered the country as a F-1 visa holder?

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sm123451Author

August 2018, and I started my previous job in July 2023

DaveF1006Answer

Open TurboTax and sign in to your account.
Navigate to the Federal section: Click on "Federal" in the left-hand menu.
Go to Wages & Income: On the "Your 2024 Income Summary" screen, scroll down to the last section called "Less Common Income."
Select Miscellaneous Income: Click the "Start" button for "Miscellaneous Income, 1099-A, 1099-C."
Choose Other Income: On the next screen, click the "Start" button for "Other income not already reported on a Form W-2 or Form 1099."
Answer the questions: The next few screens will ask about household employee wages, sick or disability pay, and Medicaid waiver payments. Click "Continue" on these screens without entering anything.
Enter Employee Compensation: When asked if you earned any other wages, select "Yes" and click "Continue." Then, select "Employee compensation that was not reported on a W-2."
Enter Employer Information: On the "Report Your Wage Income" screen, enter your employer's name and EIN from your W-2. For "Total Wages Received,"

TurboTax will prepare and file Form 8919 for you with your return, and the Social Security and Medicare taxes will be calculated and included in your total tax liability.

You will need to amend your 2023 and repeat the same steps I have just listed. if you used Turbo Tax in 2023, here is the amendment process.

To amend your return using Turbo Tax Online.