[harleenk]

Hello all,
Me and my husband have been researching on this and reading documents.

Our situation:

I am H1 currenty, which started on April 10, 2006, F1 before that from 2003..
My husband is on F1 since 2003.
We understand that I pass the substantial presence test and we can file married filing jointly 1040 form.

Now we are a little confused on the deductions:
Can we take the indian treaty deduction since I was on F1 for some part of 2006, also since by husband is on f1, by attaching form 8843... what do u think? That will be awesome.
Other than that we can take std deduction(5100) and personal exemption(?)

One issue is that after I got on H1, for some reason SS and medicare was not deducted from my paycheck. I don't know how to go about that... Do I need to pay that now?


My husband has some tution and we would be abke to take that deduction.

If there is anything else you can think of or something we are missing, please let us know..

Thanks a lot

Preeti

[AtlantaTaxExpert]

Preeti:

If you file as resident aliens, neither one of you can claim any treaty exemptions.

You will NOT be held responsible for the employer not withholding the SS or Medicare taxes. Just make sure your employer knows he should be withholding it. The employer can make you pay retroactive to 1 January 2007, but that is as far back as he can go LEGALLY.

If you file jointly, your husband will be able to deduct the tuition.

[harleenk]

Thanks for the reply. I just want to double check, does it mean I don't need to talk to that employer. I am no longer employed with that company. Will IRS have no objection that I don't have any SS or medicare deducted?

Thanks

[AtlantaTaxExpert]

You do NOT need to speak with the company.