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Federal tax return: F1 OPT (spouse H1B)

Asked Feb 22, 2009, 08:44 PM — 5 Answers
Hi,
I found this forum to be extremely helpful for people like me before! Please answer my following question regarding 2008 Federal tax return related question:

I was in F1 OPT from 01/2008 to 09/2008. I was under H1B status from 10/2008 to 12/2008. I have my W2 and there was no SSN and medicare tax withholding for the entire year.
My spouse was in H1B for entire 2008. She has SSN and medicare tax withholding in her W2.

If we file married filing jointly using form 1040, do I need to pay any extra SSN and medicare tax for 2008 ?
If we file separately which forms should we use? What will happen to SSN and medicare tax in my case?

Thanks a lot in advance!

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5 Answers
MukatA's Avatar
MukatA Posts: 7,027, Reputation: 948
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#2

Feb 22, 2009, 09:50 PM


On your H1-B income, you must pay social security and Medicare (FICA) taxes. Tell your employer to withhold FICA taxes on income during H1-B. It is employer's responsibility to collect these taxes.

Your income during F1/OPT is exempt from FICA taxes.

You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

You will get standard deduction of $10,900 and exemptions for both of you.
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tax_sarkar's Avatar
tax_sarkar Posts: 3, Reputation: 1
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#3

Feb 23, 2009, 10:10 AM
Thanks Mukut for the info.
If we file jointly, do we still need to wait for 6 months, because my spouse is in H1B for the entire year?
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MukatA's Avatar
MukatA Posts: 7,027, Reputation: 948
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#4

Feb 23, 2009, 11:19 AM


I missed that point. You can file your tax return any time without waiting.
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tax_sarkar Posts: 3, Reputation: 1
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#5

Feb 23, 2009, 03:15 PM
Thanks Mukat,
In that case (if we file jointly 1040), I still do not have to pay FICA for the period Jan-Sep'08, right?
Regards,
Saikat
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MukatA's Avatar
MukatA Posts: 7,027, Reputation: 948
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#6

Feb 23, 2009, 10:30 PM


Right.
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