[coolsups]

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 and medicare taxes till Oct 2007.
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 and really appreciate your help !
coolsups

[AtlantaTaxExpert]

You have been considered a resident alien since you first filed jointly with your husband for the 2005 tax season.

Hence, you WERE liable for Social Security and Medicare taxs for 2007. You have the legal obligation to tell your employer about that fact as soon as possible. Once you have so notified your employer, it is up to him to fix the problem of not withholding these taxes from your pay.

You CAN choose to revoke your resident alien status for 2007 by filing as a non-resident alien for 2007. The procedure can be found in IRS Pub 519. If the IRS accepts the revocation request, then you are NOTliable for Social Security and Medicare taxs for your F-1 period in 2007.