Originally Posted by lemmeno
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?
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