Great question.

Please check out my article at: http://www.mdtaxes.com/news0410.html#2, where the IRS addresses that they will be procssing claims for pre-4/1/2005 FICA taxes only.

I do think that filing refund claims each year is the only way that you might get back money down the road if the IRS keeps losing court cases and needs to refund these FICA taxes at a later date. Once the Statute of Limitation passes, then you most likely won't be able to file a refund claim, even if the rules subsequently change. That's why the IRS waited until 2010 to announce that they will begin processing the pre-2005 refund claims, since it became too late for new claims to be filed. Very tricky of them.

Zip Code: 01801

I did my residency during 1999-2004. I guess I don't have a chance to file a claim individually now if my emprolyer did not file the refund claim timely. But thanks for the effort.

Ben Liu

Zip Code: 14534