Employer did not withold SSN tax-Please help

[gtmm9]

I have recently observed that my employer did not withhold social sec taxes from my pay check. I was on OPT when I joined the company, but later changed to H1B. I had provided my employer a copy of my changed status on time ..seriously I overlooked the fact that SSN taxes were not being deducted when my status got changed to H1 ..I know under OPT I was not required to pay SSN tax..Its has been over a year like this and have filed 2 tax returns since then. What should I do ? Will I be required to pay for last 2 years ? Please help.

[ekambara]

You are right in that F1 visa holders are not subject to social security and medicare taxes but H1 visa holders are subject to.

When you join a new job, you have to complete Form W-4 and give your employer. Based on the allowances claimed in W-4 and your visa status, employer withholds taxes.

If you give correct information, then it is your employer's responsibilty to withhold social security and medicare taxes from your salary and remit to govt. If govt finds that employer failed to do so, they can direct the employer to withhold those taxes too from your future salaries. If you changed the job then, there is nothing govt or employer can do. You don't have any obligation to report your employer's failure.

First you have to make sure whether you gave correct and full information (W4 and your visa status) to your employer. If, so you can conveneniently ignore this issue but keep a reserve fund to meet future obligations, if govt finds and directs employer for withholding.

All the best,
ekambara