Treaties: US Social Security

US Social Security and FICA for Americans Working in India: Who Pays and When

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 14 October 2026

Short answer

A US citizen working in India for a US employer generally keeps paying US Social Security and Medicare tax (FICA). If the person works for an Indian subsidiary, FICA generally does not apply unless the US parent has a Section 3121(l) agreement with the Treasury. Self-employed US citizens abroad generally keep paying self-employment tax. Confirm every case with a US CPA.

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← Back to India-US tax treaty and social security: the complete guide

Key facts

US employer, work in IndiaFICA generally continues for a US citizen or resident working abroad for an American employer
Indian subsidiary employerFICA generally does not apply unless a Section 3121(l) agreement covers the subsidiary
3121(l) agreementAn American employer can elect coverage for US citizens and residents employed by foreign affiliates in which it holds at least a 10% interest
Self-employedSelf-employment tax generally continues
TotalizationNo US-India agreement known to be in force, so no certificate of coverage
Who advisesYour US CPA or tax counsel; AU Corporate handles the Indian side

Who pays FICA in each structure

StructureUS FICAIndian provident fund
Seconded; stays on the US parent's payroll; cost recharged to IndiaGenerally appliesMay still apply if the worker is an international worker of an Indian covered establishment; analyse the facts
Local hire or transfer to the Indian subsidiary's payrollGenerally does not applyGenerally applies as an international worker
Indian subsidiary payroll with a Section 3121(l) agreement by the US parentApplies through the agreementGenerally applies as well, because there is no totalization agreement
Employer of Record in IndiaGenerally does not apply to the EOR's employeeApplies through the EOR as employer
Self-employed US citizen in IndiaSelf-employment tax generally appliesNot as an employee; check Indian status
This table is a general orientation, not US tax advice. Whether the parent is an American employer, who actually pays the wages and the details of the assignment all matter.

Section 3121(l) agreements

A US parent can enter an agreement with the Treasury to extend Social Security coverage to US citizens and residents employed by its foreign affiliates, meaning foreign entities in which it holds at least 10% of the voting stock or profits interest. The parent pays the equivalent employer and employee Social Security and Medicare taxes. Companies use these agreements when they want the worker to keep earning US coverage while on a local payroll. The cost of this has to be weighed against the Indian provident fund cost, which can apply in addition.

Benefits and credits

  • US Social Security credits build only from covered work, so long periods abroad outside FICA can leave gaps in the earnings record.
  • Medicare does not generally pay for care received in India, so expats need private or employer health cover.
  • Social Security retirement benefits can generally be paid to a beneficiary living in India, subject to the SSA's rules. Confirm with the SSA.

Planning steps

  1. Decide the legal employer for each US expat.
  2. Ask your US CPA to confirm the FICA result for that structure and whether a Section 3121(l) agreement is worth having.
  3. Ask us to confirm the Indian provident fund result for the same structure. See EPF for international workers.
  4. Compare the total cost across structures and decide.
  5. Document the choice in the assignment letter and the payroll set-up.

What this means for a US parent

  • Do not assume that moving someone onto Indian payroll ends US contributions or begins Indian ones in isolation. Test both together.
  • Put the structure in the intercompany agreement so the recharge and the transfer pricing treatment match the facts. See transfer pricing.

Mistakes to avoid

  • Assuming FICA stops when an American leaves the US.
  • Assuming FICA stops when the person is moved to the Indian subsidiary, without checking any agreement.
  • Forgetting that Medicare does not cover care in India.
  • Using a US assignment policy that relies on a certificate of coverage that does not exist for India.

How AU Corporate handles this

We handle the Indian side, including payroll, provident fund and Withholding Tax on salary, and work with your US CPA on the FICA analysis.

Related services: HR and payroll

Official sources

Rules on this page can be verified at the primary sources: the US Social Security Administration's page on Section 3121(l) agreements, the Internal Revenue Service and the Employees' Provident Fund Organisation.

Frequently asked questions

Do Americans working in India pay US Social Security tax?

Generally yes if employed by a US employer. If employed by a foreign company such as an Indian subsidiary, generally no unless a Section 3121(l) agreement covers it. Confirm with a US CPA.

What is a Section 3121(l) agreement?

An agreement between a US employer and the Treasury that extends Social Security coverage to US citizens and residents working for its foreign affiliates.

Which foreign companies are affiliates for this purpose?

Foreign entities in which the American employer holds at least a 10% interest, by voting stock for corporations.

Do self-employed Americans in India pay self-employment tax?

Generally yes, because there is no totalization agreement to relieve it.

Does Medicare cover care in India?

Generally no. Medicare does not normally cover care outside the US.

Can Social Security be paid to someone living in India?

Generally yes, subject to SSA rules. Check with the SSA.

Does the move to Indian payroll end US coverage?

It can, because FICA generally applies only to American employers unless an agreement exists. It also triggers Indian provident fund rules, so test both.

Who prepares the US side?

Your US CPA. AU Corporate handles the Indian side and coordinates.

Treaty and social security FAQs →50 plain answers on the India-US tax treaty, withholding rates, expat tax and social security.

Sources

← Back to the complete guide

Last updated 14 October 2026. General information only, not legal or tax advice. Indian rules change often; confirm current requirements before acting.

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