[amit256]

Hello Sir,

I was in F1 visa uptill June 2005, & from July 2005 onwards I am in H1-B visa.

However I got married to a girl who is a green card holder in May 2005.

Now I have come to know that I can file my taxes as a resident alien provided if I do a joint file return with my wife. Is it true?

If so do I need to fill in 1040 or my wife will need to fill 1040? Also if I fill 1040 now, what about social security taxes which I did not pay as I was on F1 visa in 2005. Will I have to show that in 1040 explicitly as I don't want to get penalty for paying less taxes!!

Also in 2005 I paid taxes as single marital status. And my wife has worked part time in 2005. I will be filing tax returns for first time... but my wife has filed returns since few years.

Eagerly waiting for your reply...

Thanks in advance,
Amit

[AtlantaTaxExpert]

Amit:

Yes, you can file jointly and you will be treated as a resident alien. Since you withheld at the single rate, your refund may be rather large (depends on how much she made). As an employee getting a W-2, the payments of SS taxes is NOT an issue on you income tax return. Do not worry about it.

File the Form 843 for the refund of SS and Medicare taxes. I believe you are still eligible for that refund. If not, all they can do is say No!

[amit256]

Amit:

Yes, you can file jointly and you will be treated as a resident alien. Since you withheld at the single rate, your refund may be rather large (depends on how much she made). As an employee getting a W-2, the payments of SS taxes is NOT an issue on you income tax return. Do not worry about it.

Go ahead and file the Form 843 for the refund of SS and Medicare taxes. I believe you are still eligible for that refund. If not, all they can do is say No!

Sorry to bother you again. But i really appreciate your help & advice.
So your telling me to get a refund of SS & Medicare taxes?? But when I was on F1 visa in 2005, I in fact DID NOT pay SS & Medicare.

So my concern was do I have to mention this anywhere in 1040?? Bcoz instead of refund... I think I have NOT PAID SS & Medicare (when on F-1), as now I will be filing as Resident Alien for the whole year (2005).

Also I am in USA since 2002 but only started working in 2005. But I recently came to know that even if you do not work, you still have to file FORM 8843. I did not knew that and I haven't file 8843 before. Will that create any problem ? Do I need to take any additional steps for that?

Waiting for your reply...

Thanks in advance.

[AtlantaTaxExpert]

Sorry. I misread your post; my mistake. I thought you said you had SS and Medicare taxes withheld. On F-1 status, you are exempt from these taxes.

The fact that you did not pay these taxes are NOT an issue when you file Form 1040 for your income taxes. Do not bring it up anywhere on your Form 1040.

File a Form 8843 for 2004. That will bring you IRS record up-to-date. When you file as a resident alien in 2005, the need to file Form 8843 goes away!

[amit256]

Sorry. I misread your post; my mistake. I thought you said you had SS and Medicare taxes withheld. On F-1 status, you are exempt from these taxes.

The fact that you did not pay these taxes are NOT an issue when you file Form 1040 for your income taxes. Do not bring it up anywhere on your Form 1040.

File a Form 8843 for 2004. That will bring you IRS record up-to-date. when you file as a resident alien in 2005, the need to file Form 8843 goes away!

Thanks a lot Sir. Ok this is probably the last clarification I would ask from you ;-).

How do I file a joint tax return.. any particular procedure or extra steps I will have to do? Any letters I need to attach?

Thanks in advance.

[AtlantaTaxExpert]

Check out IRS Pub 519. You can download a copy from www.irs.gov (be warned that the IRS Pub 519 on line is cited for 2004. The IRS does not updated all of their pubs unless there are significant cahnges to the tax law, so the information in the pub is still good).

There is a statement you should attach to the joint return stating that you are a non-resident alien requesting to be treated as a resident alien because you are filing jointly.

[amit256]

thanx a lot Mr. Tax Expert for your excellent service & prompt answers :-)

[AtlantaTaxExpert]

Glad to help!