Employer declining to collect missed FICA—what are my obligations?
My F-1 STEM OPT FICA exemption ended when my H-1B became effective October 14, 2026. My October 23 paycheck covers October 3–16, with no FICA withheld. A CPA advised that only October 14–16 should be subject to FICA. The estimated employee tax is $79.20. Can payroll recover this through a later paycheck under IRS Publication 15, Section 13? If it refuses despite my written authorization, could I face penalties, and how can I properly pay the missed employee FICA myself as a Form 1040-NR filer?
Quick Answer:
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