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  #1 (permalink)  
Old 02-26-2009, 11:35 AM
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Default tax treaty for F1 student on OPT

I am a citizen of China. I just start a postdoc position with a national lab using my OPT. Should I submit a 8233 form or a W-8BEN form to my new employer to claim tax treaty exemption? Since this is a new job, I do not need to wait until December to submit a 8233 form, right? Thanks.
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  #2 (permalink)  
Old 02-26-2009, 11:50 AM
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Default F1 OPT Tax Treaty - Exempt Social Security and Medicare Taxes

Hello

Your Tax Treaty benefits in F1 status, applies in OPT. So if you have submitted W8BEN or 8233 to your University, it should be sufficient.

In OPT educate your employer, that you are exempt from FICA Taxes (Social Security and Medicare Taxes).

Hope it helps!
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Old 02-26-2009, 05:18 PM
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Default F1 OPT Tax Treaty - Exempt Social Security and Medicare Taxes (further questions)

Thank you for your reply. But in December 2008 when we should update 8233, the officer at my university told me that because I won't get a paycheck from my university any more in 2009, I should not submit 8233 to my university. In this case, should I submit 8233 to my new employer? I read somewhere that we should submit a 8233 form when we change employer.

Is there any place on W-4 or any other form that I could use to show that I am exempt from FICA Taxes (Social Security and Medicare Taxes)? Or I just tell the employer so?

I appreciate your help!

Last edited by forgetannya; 02-26-2009 at 05:25 PM. Reason: add title
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  #4 (permalink)  
Old 02-26-2009, 06:11 PM
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There is nowhere on Form W-4 to address the exemption from FICA (Social Security and Medicare) taxes. Hence, you must discuss the issue with your employer.

To get the exemption from federal INCOME taxes, submit the Form 8233 to the new employer.
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  #5 (permalink)  
Old 02-26-2009, 06:38 PM
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Thanks a lot!
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Old 02-26-2009, 07:54 PM
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Glad to help!
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