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Old 02-24-2015, 11:39 AM
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H1B - 9th year - Spouse H4 to F1 to OPT

I am hoping I can get some good advise from experts

I am on my H1B in my 9th year. My wife was is H4 since 2009. I was filing taxes myself until last year because my wife was not working. However, last year she converted to F1 and then to OPT. She just worked on her OPT though.

Can I file 'Married Filing Joint' this year and simply add both W2s (mine and her) or is it much more complicated than that? Your suggestions are much appreciated.

Thank you.



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Old 02-25-2015, 02:42 AM
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Originally Posted by subvi View Post

I am on my H1B in my 9th year. My wife was is H4 since 2009. I was filing taxes myself until last year because my wife was not working. However, last year she converted to F1 and then to OPT. She just worked on her OPT though.

Can I file 'Married Filing Joint' this year and simply add both W2s (mine and her) or is it much more complicated than that? Your suggestions are much appreciated.

Thank you.
Use your SSN and file jointly. There is no law that says you both have to have an income to file jointly. Since you have an SSN now, there is no reason to use your ITIN. Your wife MAY file jointly with, opting to be treated as a resident alien. However, if she does so, she MUST pay Social Security and Medicare taxes for any job she takes while under the F-1 visa. Your wife may also file as a non-resident alien. This will allow her to be exempt from paying Social Security and Medicare taxes. She would still be allowed to claim the $6100 standard deduction as well as her personal exemption. You would have to file Married Filing Separately on Form 1040EZ/1040A/1040. You would NOT be eligible for some credits, like the education credit



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Old 02-25-2015, 09:16 AM
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Thank you very much. We have been filing jointly and she was listed as a resident alien so far because she passed the substantial presence test.

I guess Married filing Seperately and my wife filing as resident alien makes sense given that is how we have been filing so far.

When she got her job last year, we requested that her SSN and Medicare not be withheld because she was on F1-OPT and the company did not withhold those taxes last year. They just withheld the Federal and state taxes.

Would that be a problem if we go with filing as a resident alien?

Thank you and appreciate you helping us.



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Old 02-25-2015, 10:41 PM
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Originally Posted by subvi View Post

When she got her job last year, we requested that her SSN and Medicare not be withheld because she was on F1-OPT and the company did not withhold those taxes last year. They just withheld the Federal and state taxes.

Would that be a problem if we go with filing as a resident alien?

.
as you can see, a non resident F1visa holder is exempt from soc sec taxes for the next five years as they are not treated as US residents, your spouse as a F1 holder, has two choices: File as resident. In that case she must start paying FICA taxes on her income. Can't claim any treaty benefit.
OR she can File as nonresident and claim treaty benefit and the resident spouse files a separate return. then she is considered a non-resident alien and must file either Form 1040NR or 1040NR-EZ, plus Form 8843. Even if she has no requirement to file a tax return, she must STILL file the Form 8843 annually.If your spouse chooses to be treated as a resident alien she generally is not eligible for FICA exemption as a nonresident.n this means that aslongas you guys fiel joint return, she MUST pay fica taxes as a resdient.



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Old 02-26-2015, 12:39 PM
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Thank you very much for the advise.



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Old 03-10-2015, 10:45 AM
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Hello, I am in the same boat. I filed my 2013 tax returns as a Resident alien with my husband because I was on H4 since 2009.

I converted to F1 last year and I worked on OPT. My employer did not hold FICA for me based on my request.

If I file my taxes seperate this year as a Non-Resident alien, would there be a problem later as I have been filing as a Resident alien so far?

Thanks

Shakthi



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Old 03-10-2015, 06:44 PM
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Hello, I am in the same boat. I filed my 2013 tax returns as a Resident alien with my husband because I was on H4 since 2009.=====>>In general, H1 visa holders who are married and have their spouses in the U.S on H4 can file joint taxes once they pass SPT tests; you were listed as a resident alien so far because you passed the SPT.So you filed jointly with your spouse, opting to be treated as a US resident alien for tax purposes.

I converted to F1 last year and I worked on OPT. My employer did not hold FICA for me based on my request.If I file my taxes seperate this year as a Non-Resident alien, would there be a problem later as I have been filing as a Resident alien so far==========>>>As said above aslongas you opted to be treated as a resident alien. However, as you did, you MUST pay Social Security and Medicare taxes for any job you take while under the F-1 visa. Or you may also file as a non-resident alien. This will allow you to be exempt from paying Social Security and Medicare taxes. You would still be allowed to claim the $6200 standard deduction as well as your personal exemption. You would have to file Married Filing Separately on Form 1040EZ/1040A/1040. You would NOT be eligible for some credits, like the education credit.note; you, as a F1 holder, have two choices: File as a US resident as said above. In that case you must start paying FICA taxes on your income. Can't claim any treaty benefit.
OR you can File as nonresident and claim treaty benefit and your spouse files a separate return. then you are considered a non-resident alien and must file either Form 1040NR or 1040NR-EZ, plus Form 8843. Even if you have no requirement to file a tax return, you must STILL file the Form 8843 annually.If you choose to be treated as a resident alien you generally are not eligible for FICA exemption as a nonresident.n this means that aslongas you guys file joint return, you MUST pay fica taxes as a resdient.



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Old 03-10-2015, 07:03 PM
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Originally Posted by shakthin View Post
Hello, I am in the same boat. I filed my 2013 tax returns as a Resident alien with my husband because I was on H4 since 2009.

I converted to F1 last year and I worked on OPT. My employer did not hold FICA for me based on my request.

If I file my taxes seperate this year as a Non-Resident alien, would there be a problem later as I have been filing as a Resident alien so far?

Thanks

Shakthi
Soin short, asyou are still under F1 visa , you do not need to pay FICA taxes



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Old 03-11-2015, 05:14 AM
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Originally Posted by Wnhough View Post
Soin short, asyou are still under F1 visa , you do not need to pay FICA taxes
ONE MORE: because he previous time under the H4 visa has no effect on your current F-1 visa. please make a note of this~



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Old 03-11-2015, 09:36 AM
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Thank you. That makes it very clear.



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