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Huaren
等级等待验证会员
威望--
贴子36
魅力123
注册时间2005-07-08

宝妈

只看楼主

急问:cpt(opt)期间扣税跟有工作签证一样,合理吗?

1734

8

2005-10-20 19:54:00

老公在用CPT工作,其实还是学生,就快毕业了。我听说过这种情况因该和学生工资的税扣的一样,但不小得去哪找到相关资料证明给公司看。现在扣了:FEDERAL WITHHOLDING, SOCIAL SECURITY , MEDICARE EMPOLYEE, PA--WITHHOLDING, PA-UNEMPLOYMENT EMPLOYEE.


特莱请教有经验的同学。谢谢了。

Huaren
等级二等兵
威望--
贴子226
魅力349
注册时间2005-01-25

onlineQQ

只看他

2005-10-20 20:03:00

除了Federal and state income tax withholding 必须扣, 其他应该可以得到refund 如果你是F-1, 来美国没有超过五年.


请看official explanation from IRS ( Internal Revenue Service). http://www.irs.gov/businesses/small/international/article/0,,id=129427,00.html











Alien Liability for Social Security and Medicare Taxes






In general aliens performing services in the United States as employees are liable for U.S. social security and Medicare taxes. However, certain classes of alien employees are exempt from U.S. social security and Medicare taxes as follows.


Resident aliens, in general, have the same liability for Social Security/Medicare Taxes that U.S. Citizens have.


Nonresident aliens, in general, are also liable for Social Security/Medicare Taxes on wages paid to them for services performed by them in 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. Nonresident Alien students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 nonimmigrant status are exempt on wages paid to them for services performed within the United States as long as such services are allowed by USCIS for these nonimmigrant statuses, and such services are performed to carry out the purposes for which such visas were issued to them.



    • Exempt Employment includes:


      • On-campus student employment up to 20 hours a week (40 hrs during summer vacations)

      • Off-campus student employment allowed by USCIS.

      • Practical Training student employment on or off campus.
      • Employment as professor, teacher or researcher.

      • Employment as a physician, au pair, or summer camp worker

    • Limitations on exemption:


      • The exemption does not apply to spouses and children in F-2, J-2, or M-2 nonimmigrant status.

      • The exemption does not apply to employment not allowed by USCIS or to employment not closely connected to the purpose for which the visa was issued.

      • The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who change to an immigration status which is not exempt or to a special protected status.

      • The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who become resident aliens.

      • ......






















Foreign students who arrive in the United States on F-1, J-1, M-1, Q-1 or Q-2 visas are considered to be exempt individuals during the first five calendar years of their physical presence in the United States. This means that foreign scholars, teachers, researchers, trainees, physicians, au pairs, summer camp workers, and other non-students who enter the United States on J-1, Q-1 or Q-2 visas are considered to be NONRESIDENT ALIENS during their first two calendar years in the United States; and foreign students who enter the United States on F-1, J-1, M-1, Q-1or Q-2 visas are considered to be NONRESIDENT ALIENS during their first five calendar years in the United States.


The Social Security/Medicare Tax Liability


The Code imposes the liability for social security and Medicare taxes on both the employer of, and the employee, who earns income from wages in the United States. The Code grants an exemption from social security and Medicare taxes to nonimmigrant students, scholars, teachers, researchers, and trainees (including medical interns), physicians, au pairs, summer camp workers, and other nonimmigrants temporarily present in the United States in F-1, J-1, M-1, Q-1or Q-2 status. The Social Security Act contains the same provision. Both code sections exempt the above-named nonimmigrants from social security/Medicare taxes for as long as these nonimmigrants are "NONRESIDENT ALIENS" in F-1, J-1, M-1, Q-1 or Q-2 status.


[此贴子已经被作者于2005-10-20 20:15:40编辑过]

Huaren
等级二等兵
威望--
贴子226
魅力349
注册时间2005-01-25

onlineQQ

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2005-10-20 20:05:00

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.

File Form 843 (with attachments) with the IRS office where your employer's returns were filed. If you do not know where your employer's returns were filed, file Form 843 with the Internal Revenue Service Center, Philadelphia, PA 19255.


[此贴子已经被作者于2005-10-20 20:16:25编辑过]

Huaren
等级等待验证会员
威望--
贴子36
魅力123
注册时间2005-07-08

宝妈

只看楼主

2005-10-20 20:45:00

谢谢楼上MM,可是我们已经超过5年了。那公司扣的就合理了吗?真的很不懂这方面知识.
Huaren
等级上校
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贴子4629
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注册时间2004-06-18

PG

只看他

2005-10-20 21:33:00

超过五年,按resident交税,应交social security和medicare的税,不过没听说过pa-unemployment employee这项
Huaren
等级等待验证会员
威望--
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注册时间2005-07-08

宝妈

只看楼主

2005-10-20 21:42:00

以下是引用PG在2005-10-20 21:33:00的发言:
超过五年,按resident交税,应交social security和medicare的税,不过没听说过pa-unemployment employee这项

那就是说,这些税公司扣的合理是吧?pa-unemployment employee是一种保险,

谢谢回复。

Huaren
等级贵宾大校
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贴子88286
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注册时间2004-01-23

HuangNiLuo

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2005-10-21 12:13:00

nod, once u pass 5 years, you can't be exempted from ss and medicare taxes.
Huaren
等级上校
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贴子4629
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注册时间2004-06-18

PG

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2005-10-21 15:20:00

以下是引用宝妈在2005-10-20 21:42:00的发言:


那就是说,这些税公司扣的合理是吧?pa-unemployment employee是一种保险,

谢谢回复。



失业保险只对PR or citizen 有用吧
Huaren
等级一等兵
威望--
贴子426
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注册时间2004-04-09

myrrh

只看他

2005-10-21 21:55:00

我现在是OPT中,来美国超过5年了,但是公司HR说我是OPT就没扣SS和MED,能省钱当然好,但是这样以后报税还有绿卡申请会不会有麻烦?

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