Do H-1B people has to pay social security tax and medicare

[skyblue0248]

I want to know if H1B people has to pay social security taxes. Since we may not use the benefits later is there a way to not pay social security or is it compulsory.

[skyblue0248]

Thanks once again Joe.
Is there an option to choose the percent of income for social security tax or is it fixed for everyone.

[loveusa03]

TO YOU ALL:

I am not sure where Joe got this information frm that H1-B people can not avoid Social Security (FICA) taxes. It is NOT abosultely true.

Yes, under the IRS act, you do NOT have to pay social security taxes if you are a non resident alien (NRA), i.e any one who is not a permanent resident or citizen of the USA. Please contact your HR first, they can arrange to do it and then contact your accountant to verify this matter and how to deal with it.... unless you notify, your wages will always be taxed for FICA, so the burden of proof is on you.

Thanks...good luck!

[Vivekm]

If you have stayed for 180 days or more (consecutive) in any particular year in USA (and had taxable income), then you are resident alien (wrt IRS regulations) for that year and need to pay taxes for that year accordingly.

IRS resident alien is different from INS resident alien.