Ask Experts Questions for FREE Help !
Ask
    bhaskarkumar81's Avatar
    bhaskarkumar81 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jan 15, 2010, 09:17 PM
    Opt to h1b. 1099misc and w2. Need to avoid 15% self employment tax
    Hello tax expert

    My status: Since Aug 2006 was on F1 status. In 2009, I worked on OPT until Sep and received 1099MISC. From OCT-DEC I was on H1b and received a W2.

    My wife: Since July 2008 was on F2 status. In 2009, From OCT-DEC she was on H1b and received a W2.

    Country of citizenship: India

    I want to file my 2009 tax refunds jointly and using 1040NR, 8843 and schedule C EZ to avoid the 15% self employment tax on 1099MISC. I need help filling up the 1040NR. Should I write my wife as a dependent under line 7C to claim the std deduction and personal exemption for me and my wife? Help me avoid the 15% self employment tax.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 17, 2010, 10:59 PM
    If you file Form 1040NR to avoid the 15.3% self-employment tax, you CAN claim your wife as a dependent, but the standard deduction of $5,700 is the authorized treaty exemption.
    bhaskarkumar81's Avatar
    bhaskarkumar81 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jan 18, 2010, 07:14 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    If you file Form 1040NR to avoid the 15.3% self-employment tax, you CAN claim your wife as a dependent, but the standard deduction of $5,700 is the authorized treaty exemption.
    Someone told me that I cannot claim my wife as dependent for 2009 as she she earned around $6000 and got a w2
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 18, 2010, 08:03 AM
    That is true. She will have to file her own tax return.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

OPT to H1B Tax filing-SS tax refund? [ 10 Answers ]

Hi, I am an Indian citizen. Arrived in US in Aug 2003, on OPT from Jan 2006 and on H1B from October 1st 2006. I started working in Feb 2006 in California. Throughout the year in 2006 Social security , medicare and disability taxes were deducted from my paycheck. Will I get a refund for these...

1099misc,w2 on opt and w2 on h1b [ 2 Answers ]

Hi, I am f1 student from india. And my wife is on f2 I'm working for a company in Texas F1- OPT: 1099 misc ( jan 2009 -march 2009 )(texas) F1 - OPT: W2 ( April 2009 – sept 2009) (texas) H1B : W2 ( oct 2009- dec 2009) ( texas)

F1 OPT Self Employment / Work for hire Tax [ 4 Answers ]

Hi, I'm an international student holding F1 visa currently on OPT. I was working full time but recently quit my job and looking to start working on contacts. I went through few forums and understand that 1099 form would be required for tax payments (quarterly). My concern is, I'm thinking...

About OPT-H1b tax [ 1 Answers ]

My visa status: F1: Jan 2006-Jan 2008 F1 opt: Jan 2008-Dec 2008 H1b: Dec 2008 - current My ss tax and medical tax are not exempt during the opt period. My question is which tax form I should file? And how can I get the ss tax and medical tax druing the opt back? Thanks.

F1-OPT married to US Citizen (Now H1B), Tax exempt during OPT Period? [ 5 Answers ]

Hello, I am a foreigner and just got married to US Citizen this year in August. I have tax questions to ask. Here is my situation. - Start working in Feb 08 as F1-OPT Status until Sept 08. H1B effective on Oct 1st, 2008. - I got married to US Citizen in Aug 08, I am applying for Green Card...

View more questions Search