Ask Experts Questions for FREE Help !
Ask
    ninanani's Avatar
    ninanani Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 27, 2009, 11:59 AM
    Married in 2008. Should I file jointly with my spouse on H1B ?
    Hi,
    I was on OPT from Jan 2008 to June 2008 and then on H1B from Oct 2008 -Dec 2008.
    My husband has been on H1B for over 6 years and is considered a resident alien.
    Since I was on OPT I did not pay Social security and medicare taxes from Jan-Oct 2008, only from Oct - Dec 2008.
    My question is : Should I file jointly with my husband ? Or should I file single ? Which would be a better option ? Which forms should I fill?
    Please advise
    Thanks!
    ninanani's Avatar
    ninanani Posts: 3, Reputation: 1
    New Member
    		  
    #2

    Feb 27, 2009, 01:16 PM
    Sorry, I just noticed a mistake on my question, from Oct 2008 -Dec 2008 I was not on H1B, I was working using the employment authorization card obtained from my pending 485 Application to Register Permanent Residence. I am not sure if it does make a difference but just wanted to clarify.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Feb 28, 2009, 07:13 AM

    If you elect to file jointly with your husband you will be treated as a resident for the entire year and you will need to pay social security taxes for the entire year. You need to determine how much social security tax would be due if you file jointly and compare that with the tax savings of filing jointly. If the cost of social security exceeds savings of filing jointly, then don't file jointly.
    ninanani's Avatar
    ninanani Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Feb 28, 2009, 03:09 PM
    This is confusing... From what I read previously I thought I could file with my husband jointly as a resident and still be treated as a nonresident alien for the purpose of withholding Social Security and Medicare tax.
    Please confirm.
    Thanks!
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #5

    Feb 28, 2009, 04:13 PM

    No. If you file jointly with your husband, you owe social security tax.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 23, 2009, 02:37 PM
    IntlTax:

    Your post from 28 Feb 09 is not correct. The IRS still allows the non-resident alien spouse to be exempted from FICA taxes even if they file jointly with their resident spouse. See link below:

    Nonresident Spouse Treated as a Resident
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #7

    Apr 23, 2009, 05:05 PM

    I agree. I was mistaken. FICA taxes should not be due.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Me H1B, wife in india, marriage not registered, can I file married jointly for 2008? [ 4 Answers ]

Hi, I am posting this in advance of a few events in my life that are yet to happen! (planning is never bad, right?) Auspicious dates, astro stuff, and requirements of our parents need that some important marriage ceremonies be performed this year in India in my absence (2008, before...

Federal tax Resident alien Spouse works out of US File married jointly [ 2 Answers ]

Hi, I have a question for 2008 tax. I am a resident alien for tax purpose from 2006. My husband works out of US (he got the SSN when he stayed as F-1 in US) and has no US income. I wonder if I can file as status married jointly? I understand that I need to claim his worldwide income. Since his...

OPT-H1 with Spouse on F1: Married filing jointly? [ 3 Answers ]

Background: I have been in the USA on F-1 Visa since August 2000. I was on OPT from January 1, 2007 to September 30, 2007. My H-1B Visa came into effect from October 1, 2007. My spouse has been in the USA, always on F-1 Visa, since August 2004. Questions: (1) Can I file my Federal Tax...

H1B, spouse on F1(OPT) married filing jointly [ 9 Answers ]

Hi, I am on h1b (resident for tax purposes) and my spouse is on F1 (OPT). Based on our calculations it would be beneficial to file as "married filing jointly". We had the following questions- 1.) we were married in India, but did not register the marriage. Does the IRS consider this "legally...

Married while on OPT and H1B.Should I file jointly with my spouse on H1B ? [ 1 Answers ]

Hi, I was on working on OPT from April 2007 to Sep 2007 and then on H1B from Oct 2007 -Dec 2007. My spouse has been on H1B for last 7 years so he's considered as resident alien. We filed our taxes jointly in 2005 and 2006. Since I was on OPT my employer did not deduct Social security...

View more questions Search