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Satyam · Apr 6, 2007, 01:01 PM

Hello,

I was on H1B and my wife was on F1 for 2006 all year. Being on F1 her employers did not withhold any FICA taxes (social security and medicare taxes) for 2006. Now we are thinking of filing a joint return and have few question.

1)Can we file a joint return? How long can we do that?

2) Any IRS publication doc that will guide us on what additional documents we need to fill or attach to our tax returns for the change of status of my wife (current non-resident to resident)

3) If we choose to file jointly. Would she have to pay the FICA (social security and medicare taxes)for the current tax year-2006? In that case what forms we need to submit to IRS? Also any changes we have to bring to employers attention if we choose to do so next year as well?

Many thanks to you in advance for your kind help.

Rgds,

Satyam

AtlantaTaxExpert · Apr 17, 2007, 08:45 AM

1) You CAN file a joint return. She must sign a statement stating that she is the non-resident alien spouse of a resident alien and that she CHOOSES to be treated as a resident alien for all of 2006.

2) IRS Pub 519.

3) In my opinion, no, though TaxSearcher sdoes not agree with that assessment. In any event, YOU do nothing. If back FICA taxes are to be paid, your EMPLOYER must pay them, then collect the money from your wife. Frankly, I doubt that will happen.