[tax7000]

Hi There,

I was on F-1 Status and worked on CPT from March till May 2010 and then on OPT from May till Sep 30th 2010. After that I worked on H-1B from Oct 1st 2010 onwards.My employer deducted my social security and I am reading on the forums that I can ask my employer to refund it or get a refund from IRS as well.(Using form 843 and 8613)

I am planning to file joint return with my spouse who is also on H-1B VIsa. After calculating the tax return we realized that we need to pay to IRS.My question I that can I adjust my social security refund amount in the amount I eventually need to pay to the IRS? Is it possible? Or do I have get the refund separately and then file the tax and return the amount that we owe to IRS.

I appreciate any help in advance.

Thanks.

[AtlantaTaxExpert]

If you file jointly, that decision is FINAL and cannot be changed once the 15 April 2011 deadline passes.

If you file jointly, the IRS will NOT refund the improperly-withheld Social Security and Medicare taxes.

So, this is what you must do, in order:

1) You and your spouse file separately; you would file a non-resident, filing Form 1040NR or 1040NR-EZ plus Form 8843. Your spouse would file whatever return is appropropriate. You will BOTH probably pay more than if you filed jointly.

2) Once the annual tax return is filed, you submit Form 843 and 8316 to get the refund of the improperly-withheld Social Security and Medicare taxes.

3) Once you have received the refund of the Social Security and Medicare taxes, then (and ONLY then) should you amend your 2010 return to file jointly.

If you need professional help to do this, email me at [email protected].

[tax7000]

Thanks a lot.I talked to my employer and they are refunding me the withheld social security and medicare.Thank you!

[AtlantaTaxExpert]

Glad to hear it!