Non-Resident FICA Refund (IRS Form 843) - what to do?

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dewdrop
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Joined: Tue May 05, 2015 8:09 pm

Non-Resident FICA Refund (IRS Form 843) - what to do?

Post by dewdrop » Thu Jun 21, 2018 10:27 pm

My partner is a Canadian (and I'm American - not married), and we are currently residing together in Taiwan (ROC). My partner was working as a consultant in 2015 while in the USA on a TN visa. His employer withheld FICA tax even though he was non-resident and refused to give it back and said he needed to go through the IRS to get the :moneybag refund.

Our accountant submitted form 843 on his behalf for a FICA refund for FY2015, and we got several letters from the IRS saying another 45 days is needed to figure out what to do, but it's been several months since we've heard from them now. I've called he number on the form (800-829-0922) and all the IRS reps are clueless, saying FICA is not a regular income tax and doesn't even appear on the system they are using, and they aren't even able to redirect me to someone who can help.

We've been waiting for over 2 years for the refund and it's been more than 6 months since we've heard from the IRS saying they needed more time. Our accountant, who filled for the form with the IRS requesting the refund has stopped responding to our calls and emails.

What can we do now? :confused

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