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Old 07-27-2018, 04:24 PM
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Wife OPT + Husband H1B = SSN and Medicare still need to pay for wife?

Wife on OPT - has been paying SSN and Medicare for last two years
Husband on H1B -

Both file taxes jointly.

Since OPT students don't have to pay SSN and Medicare taxes, can we get a refund from the IRS now?


Last edited by lemmeno : 07-27-2018 at 04:38 PM.


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Old 07-29-2018, 06:01 AM
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Quote:
Originally Posted by lemmeno View Post
Wife on OPT - has been paying SSN and Medicare for last two years
Husband on H1B -

Both file taxes jointly.

Since OPT students don't have to pay SSN and Medicare taxes, can we get a refund from the IRS now?>>>>>>>
it depends; aslongas you file your US return separatelythenyes she can get her refund from the IRS hoewever if you file yoru return jointly then no she is ALSO treted as a US resident so she can not get her refund from th IRS. She is ttreated as a US resident for tax purposes so she mut pay her Social taxes to SSA



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Old 07-29-2018, 06:10 AM
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Quote:
Originally Posted by lemmeno View Post
Wife on OPT - has been paying SSN and Medicare for last two years
Husband on H1B -

Both file taxes jointly.

Since OPT students don't have to pay SSN and Medicare taxes, can we get a refund from the IRS now?
Imissed this:
aslongas she had Social Security and Medicare taxes withheld from her for th elast two years i mean before she files joint return with you,then, she can pursue obtaining a refund of improperly withheld Social Security and Medicare taxes via two routes:
1.she can request that her employer refund the withheld taxes to her.
2.If the company will not refund the withheld taxes to her, then she can file a claim for refund with the irs on Form 843, Claim for Refund and Request for Abatement.
and you rspouse also need to fiel form 8843 for th elast two year



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Old 07-30-2018, 11:37 AM
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Thanks much, I am guessing since we files the taxes jointly (as confirmed by one of the tax consultants) she is being considered as Resident. I assume by filling this form 8843 - going forward, she might be considered as non-resident alient instead of resident and so hold up on medicare and SSN taxes. Keeping our finders crossed!

Thanks once again.



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