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    artemk's Avatar
    artemk Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 3, 2011, 11:22 AM
    F1 student married to U.S. citizen, did OPT. How to pay taxes on my income
    Hi,

    In 2010 I was an F1 student and did OPT. I had received W-2 from my employer with Box 1 (Wages, tips... ) BLANK/empty. Box 16 (State Wages) includes my income. The employer said it is the right way to fill W-2 out since when I worked there I was foreign student and was EXEMPT by a foreign tax treaty.
    Same year I married U.S. citizen.So, now I am changing status to permanent resident. We have elected to file as married filing jointly, by attaching a statement that we want to treat me as a resident for tax purposes. As a result of this election, I have to pay federal taxes on my OPT income.
    If I leave w-2 box 1 empty in Turbotax, it doesn't calculate federal taxes from my income, which I have to report.
    How do I report my income and pay taxes on it when my W-2 Box 1 is blank/empty?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 16, 2011, 03:33 PM
    If you file jointly, then, yes, for sure, your OPT income is subject to federal and state income taxes.

    Further, even if you file by yourself, I believe your employer has mis-interpreted the tax treaty, because income earned INSIDE the U.S. by an international student on OPT IS subject to U.S. income taxes. There may be a generous treaty exemption as high as $10,000, but the amount OVER the exemption WILL be taxed.
    artemk's Avatar
    artemk Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 16, 2011, 06:43 PM
    After getting some guidance from this and other websites and receiving free consultation (2 visits and 40+ minutes wait!) from local IRS office, I have determined that it was employer's mistake. There is no reason why the field should be empty even if no taxes were paid. So, employer have issued me a corrected W-2 (w-2c) and I was able to complete my return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Feb 16, 2011, 10:01 PM
    Okay

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