Quote:
Originally Posted by subvi
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?
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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.