Hi,

I worked in my CPT from January 2012.
I will be getting married in October 2012 to someone with a H1 visa.

I will begin my OPT from jan/feb 2012.

So, should I file my tax return jointly next year in 2013 or as single.Since I would want to claim my CPT tax return which would benefit me.


J..

You would file as married filing separately if you want (and still can) to file as non-resident alien.

However, if you make sure that the FICA (Social Security and Medicare) are NOT withheld from your salary, you can file jointly with your wife without worrying about being liable for FICA taxes.

You can file joint return in 2013. Make sure that on OPT, your employer does not withhold FICA taxes.

Thank you, but I was told If I file as married/jointly next year, I would have to pay for social security also, for my CPT that was exempt from FICA in 2012 as well for my OPT (2013).
What should I do? What would be more beneficial in terms of returns (to file jointly or as single).
Could you let me know in detail? I would really appreciate it.

Thank you.

You have been mis-informed.

The link below spells out that non-resident aliens become liable for FICA (Social Security and Medicare) taxes ONLY after they have exceeded the 5-year exemption period for F-1 student. This applies even if they file jointly with a resident and choose to be treated as a resident alien for INCOME tax purposes.

Alien Liability for Social Security and Medicare Taxes of Foreign Teachers, Foreign Researchers, and Other Foreign Professionals (http://www.irs.gov/Individuals/International-Taxpayers/Alien-Liability-for-Social-Security-and-Medicare-Taxes-of-Foreign-Teachers,-Foreign-Researchers,-and-Other-Foreign-Professionals)

Ok.. That's great.Thank you so much ! Will go through the details..

Glad to help!