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I'm actually going through this exact same situation right now! I'm on F1 OPT and just discovered my employer has been withholding FICA taxes for the past 8 months. I had no idea I was supposed to be exempt until I started preparing my tax return. Reading through all these responses has been incredibly helpful. It sounds like there are multiple approaches - filing Form 843 myself, using specialized tax services, or working directly with ADP if that's what my employer uses. I'm leaning toward trying to contact my employer's payroll first to stop future withholdings, then filing Form 843 for what's already been taken. Has anyone had success getting their employer to actually reimburse the wrongfully withheld FICA taxes directly instead of going through the IRS? I'm wondering if that might be faster than waiting for the IRS to process a refund claim.
Welcome to the community! I'm glad you found this thread helpful. Regarding employer reimbursement - some employers will reimburse wrongfully withheld FICA taxes directly once they acknowledge the error, but this varies widely by company policy. Larger companies with experienced payroll departments are more likely to handle it this way, while smaller companies often prefer you go through the IRS Form 843 process. If you decide to ask your employer first, make sure to get any agreement in writing. Some companies will say they'll reimburse you but then drag their feet for months. The Form 843 route with the IRS is more reliable but typically takes 8-16 weeks to process. You might want to pursue both approaches simultaneously - ask your employer while also preparing your Form 843 as a backup plan. Also, definitely get your future withholdings corrected ASAP regardless of which refund route you choose. The longer this continues, the more complicated your situation becomes!
I went through this exact situation two years ago on my F1 STEM OPT! My employer had been incorrectly withholding FICA taxes for over a year before I caught it. Here's what I learned from the process: First, definitely contact your employer's HR/payroll department immediately with documentation showing your F1 status and the IRS regulations about FICA exemptions for non-resident aliens. Provide them with IRS Publication 519 and highlight the relevant sections. This stops future incorrect withholding. For getting your money back, I filed Form 843 myself and received my refund in about 10 weeks. The key is having complete documentation: your W-2 showing FICA withholding, copies of your visa documents, I-94 records, and a clear explanation of why you're exempt. I also included a timeline showing my entry date and length of stay to prove my non-resident alien status. Pro tip: When calculating how much you're owed, don't forget that FICA includes both Social Security (6.2%) and Medicare (1.45%) taxes - so you should be getting back 7.65% of your gross wages that had FICA withheld. In my case, it was about $2,400 for 14 months of incorrect withholding. The IRS was actually quite responsive once I had all the proper documentation together. Don't let your employer's confusion delay you from filing - you can handle this independently!
This is incredibly helpful, thank you! I'm definitely going to start gathering all my documentation right away. Quick question about the calculation - when you say 7.65% of gross wages, does that apply to my entire salary for the period, or just the wages that actually had FICA withheld? I'm asking because I had a brief gap in employment during my OPT period, so not every paycheck had FICA taxes taken out. Also, did you include any cover letter with your Form 843, or just submit the form with supporting documents? I want to make sure I don't miss anything that could delay the process.
As someone who went through this exact situation a few years ago, I wanted to share what I learned from both experience and speaking with a CPA. The tie-breaker rules are automatic - they don't require disagreement to apply. Since you're both unmarried and live with your daughter all year, the parent with higher AGI (your partner at $52K) technically has the right to claim her under IRS rules. However, you absolutely have the flexibility to make your own arrangement! Many couples find it beneficial to run the numbers both ways before deciding. Sometimes the lower-earning parent gets more benefit from credits like the Earned Income Tax Credit, which phases out at higher incomes. A few important points from my experience: - Only ONE of you can file as Head of Household, even though you both live there - Make sure you're crystal clear about who claims what BEFORE filing - we accidentally both claimed our son one year and it was a mess to fix - Document your agreement somehow, even if it's just a text or email between you two - Consider alternating years if the tax benefit is similar for both of you The key is that only one person claims the child per year. As long as you stick to that, the IRS won't question your arrangement. Good luck with your first tax season as parents!
This is really helpful advice! I'm in a similar situation and was wondering - when you say "document your agreement," do you mean we should write something formal or is a simple text message enough? Also, did you find that alternating years worked better than having one person always claim the child, or does it depend more on your specific financial situations each year? I'm trying to plan ahead since my partner and I are expecting our first child next year and want to avoid any confusion when tax time comes around.
@Kevin Bell - A simple text or email is totally sufficient for documentation! You don t'need anything formal. We just send each other a quick text each January saying something like I "m'claiming Emma this year, you re'claiming her next year so" we both have a record. As for alternating vs. one person always claiming - it really depends on your income situation each year. We ve'found alternating works best for us because our incomes are pretty close, but some couples benefit more from having the same person claim every year especially (if there s'a significant income difference .)My suggestion would be to calculate both scenarios each year for the first few years to see which gives you the bigger combined refund. After a few years, you ll'probably see a pattern emerge and can decide whether to stick with one approach or keep alternating. The most important thing is just communicating clearly beforehand. Congratulations on your upcoming addition to the family!
Great question! I went through this exact situation last year with my partner. The IRS tie-breaker rules apply automatically when both parents could potentially claim the same child, regardless of whether you agree or disagree. Since you both live with your daughter all year, the rule is that the parent with the higher Adjusted Gross Income gets to claim her. Based on your incomes ($52K vs $48K), your partner would technically have the right to claim your daughter. But here's the thing - you two can absolutely make your own arrangement! Many unmarried couples find it more beneficial to have the lower-earning parent claim the child because of income-based credits like the Earned Income Tax Credit that phase out at higher income levels. I'd recommend running the numbers both ways to see which scenario gives you the bigger combined refund. You could also consider alternating years if the benefit is similar. Just make sure you're both clear on who's claiming her BEFORE you file - only one person can claim her per year, and if you both try to claim her, the IRS will step in and enforce the tie-breaker rules during processing. Also remember that only one of you can file as Head of Household, even though you both live there. The key is communication and planning ahead. Good luck navigating your first tax season as parents!
This is such great comprehensive advice! I'm new to this community and dealing with the exact same situation. My partner and I have been together for 3 years with a 1-year-old, and we had no idea about these tie-breaker rules until now. One follow-up question - when you mention running the numbers both ways, is there a simple way to estimate this without actually preparing two full tax returns? We're trying to decide whether to go to a tax preparer or use software, and it would be helpful to have a rough idea beforehand of which approach might work better for us. Also, thank you everyone in this thread for sharing your experiences - it's really reassuring to know we're not the only ones navigating this situation!
This is such a common issue that catches so many people off guard! I went through the exact same thing a couple years ago. The W4 filing status absolutely does affect your withholding - it's one of the most important factors your employer uses to calculate how much tax to take out. What happened to you is textbook underwithholding for married couples where both spouses work. When you selected "married filing separately" on your W4, your employer used withholding tables that assume you're either the only income earner or that you'll actually file separately (which has different tax brackets and deductions than joint filing). The tricky part is that even though you checked "married filing separately" on your W4, when you and your husband file jointly, you're combining both incomes into one tax return. This often pushes your total household income into higher tax brackets than what your individual withholding accounted for. My recommendation is to update your W4 to reflect how you actually file (married filing jointly) and use the IRS withholding calculator to determine if you need additional withholding. Since you're already facing a big tax bill for 2024, you might want to increase your withholding significantly for 2025 to avoid another surprise. The peace of mind is worth getting a smaller paycheck if it means no more massive tax bills in April!
This is so helpful! I'm in a similar situation where my spouse and I both work but I've been too intimidated to figure out the withholding calculations myself. You mentioned using the IRS withholding calculator - is that pretty user-friendly? I'm worried I'll mess up the inputs and make things worse. Also, when you say "increase withholding significantly" - are we talking like an extra $100 per paycheck or more like $300+? I want to avoid another surprise but also don't want to give the government an interest-free loan if I don't have to!
The IRS withholding calculator is actually pretty user-friendly! It walks you through step-by-step and you just need your most recent paystubs and last year's tax return. Don't worry about messing up the inputs - you can run it multiple times with different scenarios to see how changes affect your withholding. As for how much extra to withhold, it really depends on your specific situation. In @Andre Rousseau s'case, he was short about $5,800 $17,200 (owed minus $11,400 withheld ,)so if he gets paid biweekly that s'roughly $223 extra per paycheck to break even. But I d'personally aim for a small refund rather than breaking exactly even, so maybe $250-300 extra per paycheck would be safer. The interest-free "loan concern" is valid, but honestly after getting hit with a huge tax bill plus potential penalties and interest, I d'rather overpay by a few hundred than underpay by thousands again. You can always adjust your withholding mid-year if it looks like you re'on track for too big a refund.
This thread has been incredibly helpful! I'm a tax preparer and see this exact scenario dozens of times every tax season. What Andre experienced is unfortunately very common - the disconnect between W4 filing status and actual tax return filing status creates massive underwithholding issues. One thing I want to emphasize that hasn't been mentioned enough: if you owe more than $1,000 when you file your return, you may also face underpayment penalties on top of the tax bill itself. The IRS expects you to pay at least 90% of your current year tax liability or 100% of last year's liability (110% if your prior year AGI was over $150K) through withholding and estimated payments. For Andre's situation with $121,500 income and only $11,400 withheld against a $17,200 tax bill, he was definitely under the safe harbor thresholds and likely owes penalties too. When you fix your W4, make sure you're withholding enough to avoid penalties going forward - the IRS withholding calculator will factor this in automatically. Also, if you're in this situation mid-year, you can make quarterly estimated tax payments to catch up rather than waiting for W4 changes to fix everything gradually. Form 1040ES has the payment vouchers and instructions.
This is really eye-opening! I had no idea about the underpayment penalties on top of owing taxes. That makes this situation even worse than I thought. Quick question - when you mention the safe harbor rules (90% of current year or 100%/110% of prior year), does that apply to the total tax liability or just what you owe when you file? Like if my total tax bill is $15,000 but I had $13,000 withheld, am I safe from penalties even though I owe $2,000 at filing time? I'm trying to figure out if I need to panic about my own situation or if I'm okay since I think I hit the prior year threshold.
Great thread! I've been struggling with this exact issue as a new business owner. Reading through all these responses, I'm realizing I need to get my quarterly payment strategy sorted out before the next due date. One thing that's still not clear to me - if I have both 1099 income AND rental property income, do these get combined when calculating the quarterly payment amounts? Or do I need to handle them separately? My rental generates income monthly but has expenses that vary seasonally (like maintenance and repairs), so it's hard to predict what I'll owe on that portion. Also, for anyone who's used the tools mentioned here (taxr.ai, etc.), do they handle Schedule E rental income calculations well, or are they mainly focused on business/freelance income? I don't want to rely on a tool that might miss important rental-specific deductions or depreciation schedules. The safe harbor rule explanation was super helpful - I had no idea the threshold was different for higher income earners (110% vs 100%). Definitely something to keep in mind as my income grows.
Great questions! For your 1099 and rental income, you combine everything when calculating quarterly payments - the IRS looks at your total tax picture, not individual income streams. So your Schedule C business income and Schedule E rental income get added together (along with any other income) to determine your total estimated tax liability. The seasonal variation in rental expenses is definitely tricky. What many people do is estimate conservatively for the year based on prior year patterns, then true up with their annual return. You can also adjust your quarterly payments throughout the year as you get a better sense of actual rental cash flow. Regarding the tools mentioned - I can't speak to taxr.ai specifically, but most comprehensive tax software does handle Schedule E fairly well, including depreciation schedules and rental-specific deductions. However, for rental properties with complex situations (like substantial improvements, Section 1031 exchanges, or passive activity loss limitations), you might want to run the calculations by a tax professional at least initially. The key is making sure your total payments (withholding + quarterly estimates) meet that safe harbor threshold when you combine ALL your income sources. Better to overpay slightly on quarterlies than deal with underpayment penalties!
This has been an incredibly informative discussion! As someone who's been dealing with quarterly payment confusion for the past year, I wanted to add a few observations that might help other newcomers. The biggest game-changer for me was understanding that the "quarterly" payments aren't actually quarterly in the traditional sense. Those uneven payment periods (3 months, 2 months, 4 months, 4 months) completely threw me off initially. I was doing exactly what @Natasha Volkov mentioned - spacing payments evenly every 3 months and getting penalties as a result. What I've learned is that the key is thinking about it as four specific deadlines rather than "quarterly" payments. I now have those dates (April 15, June 15, September 15, January 15) permanently marked in my calendar with alerts set for a week beforehand. For anyone juggling multiple income sources like @QuantumQuasar mentioned, I'd strongly recommend the conservative approach that @Manny Lark suggested. In my experience, it's much better to overpay slightly and get a refund than to underpay and deal with penalties and interest. The peace of mind alone is worth it. One practical tip: I keep a simple running spreadsheet throughout the year tracking my various income sources and estimated taxes paid. This helps me adjust my remaining quarterly payments if my income fluctuates significantly from my initial projections. The tools mentioned here (taxr.ai, Claimyr) sound promising - I'll definitely be checking them out before my next payment is due!
This whole thread has been a revelation! I'm completely new to this community and just started my first side business this year. Reading through everyone's experiences with quarterly payments has probably saved me from making some expensive mistakes. The uneven payment schedule thing is mind-blowing - I would have definitely assumed "quarterly" meant every 3 months. And @QuantumQueen, your spreadsheet idea is brilliant. I'm already setting up something similar to track my small e-commerce income alongside my regular W-2 job. One question for the group: since I'm just starting out with relatively small side income (maybe $8k-10k for the year), should I even worry about quarterly payments? Or would my regular W-2 withholding likely cover everything under the safe harbor rules? I don't want to overcomplicate things in my first year, but I also don't want to get hit with penalties. Thanks everyone for sharing your real-world experiences - this kind of practical advice is so much more valuable than just reading IRS publications!
Jay Lincoln
I'm dealing with the exact same situation! My company switched payroll systems about a month ago and my federal withholding jumped from roughly $200 to $315 per paycheck. Like you, I actually worked more hours but ended up with less take-home pay, which was really confusing at first. After reading through all the excellent advice here, I finally bit the bullet and checked my W-4 information in the new system yesterday. Sure enough, it had me listed as "Single" with zero dependents when I'm actually "Married Filing Jointly" with two kids. No wonder my withholding shot up so dramatically! I immediately contacted our payroll department with screenshots comparing my old and new pay stubs. They were actually really helpful and acknowledged that this has been happening to several employees during the migration. They fixed my W-4 information within a few hours and said they'll adjust my next paycheck to account for the over-withholding from the past four pay periods. My advice: Don't wait like I did! The longer you let this go on, the more money you're essentially loaning to the government interest-free. Log into that new system, verify all your tax information, and contact payroll immediately if anything looks wrong. Most companies seem pretty responsive to fixing these migration errors once they're aware of them.
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Amara Okonkwo
β’That's such a relief to hear that your payroll department was able to fix it so quickly and even adjust for the previous over-withholding! It gives me hope that this isn't going to be a months-long battle. The fact that they acknowledged it's been happening to multiple employees during the migration makes me feel less like I'm the only one dealing with this frustrating situation. I'm definitely going to follow your lead and stop procrastinating on this. Reading everyone's experiences here has made it clear that these payroll system migrations commonly mess up W-4 data, and the "Single with zero dependents" default seems to be the culprit in most cases. It's honestly pretty ridiculous that payroll systems don't have better safeguards to prevent this kind of data loss during migrations, but at least it sounds like it's fixable once you bring it to their attention. Thanks for sharing your successful resolution - it's exactly the motivation I needed to tackle this head-on instead of hoping it would magically resolve itself!
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Ryan Vasquez
This thread has been incredibly helpful! I'm dealing with a very similar issue where my federal withholding jumped significantly after our payroll system change last month. Reading through everyone's experiences, it's clear that W-4 data migration errors are extremely common during these transitions. The pattern seems consistent - systems defaulting to "Single with zero dependents" during migration, causing dramatic withholding increases. What I find most valuable from this discussion is the emphasis on acting quickly rather than waiting for it to resolve itself. For anyone still dealing with this: the advice about documenting everything with screenshots and contacting payroll immediately seems to be the key to getting it resolved fast. Several people here got their issues fixed within 24-48 hours once they provided the right documentation to their payroll departments. It's frustrating that payroll systems don't have better safeguards to prevent this data loss during migrations, but at least it sounds like most companies are responsive to fixing these errors once they're made aware of them. Thanks to everyone who shared their experiences and solutions!
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