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abciop · Feb 6, 2006, 05:44 PM

Hello Experts,

Until 2002 We (me and my wife) used to file 1040 for tax purposes.
We both had jobs and both were on H1B Status. (1040 married joint filing)

2003, and 2004 we filed 1040 for tax purposes. My wife was on H1B and I
Was on F1 (Full Time Student) Status.(1040 married joint filing)

For the year 2005 I was on F1 OPT from 01/01/2005 till 09/30/2005, and
From 10/01/2005 onwards I am is on H1B.

For the part I was on F1 OPT my employer did not deduct
Social Security and Medicare from my payroll.

I consider myself as a resident and planning to file 1040 joint return. How do I take care of my FICA deductions. Or do I have any other option. Please advice.

Thanks
abciop

AtlantaTaxExpert · Feb 6, 2006, 09:46 PM

Abciop:

Because of your F-1 visa status, you are exempt from FICA deductions.

The fact that you are filing Form 1040 as a resident alien is irrelevant.

abciop · Feb 7, 2006, 11:39 AM

Hello again,

Does this means :

Because of my F-1 visa status, I am exempt from FICA deductions even if I was on H1B before.

Am I eligible for standard deduction, and since I live in TX (no state tax) , shall I file 1040A Married filing jointly.

TIA
abciop

AtlantaTaxExpert · Feb 7, 2006, 03:30 PM

Abciop:

Yes, it is my understanding that the F-1 visa status makes you exempt from FICA deductions even though you filed as a resident alien.

Because you are filing jointly with your wife, you qualify as a resident alien and you may both take the standard deduction of $5,000 each (total = $10,000).

abciop · Feb 9, 2006, 02:43 PM

Thanks ATE,

AS per the presence test, I qualify as residen alien, I will be filing 1040A MFJ. And because I was on F1 OPT last year, Am I exempt for FICA deductions.

Do I have to attach copy of my OPT card with 1040A form.

TIA
abciop

AtlantaTaxExpert · Feb 9, 2006, 07:37 PM

Abciop:

Do not attach the OPT card. It's not necessary and will only raise unnecessary questions.

abciop · Feb 9, 2006, 07:53 PM

But, One of my friend told me that I have to attach a some kind of statement along with the return. Is that right, if yes then what kind of statement needs to be attached along with the return.

TIA
abciop

AtlantaTaxExpert · Feb 9, 2006, 08:51 PM

Abciop:

Did you provide a statement when you filed jointly with your wife in 2003 and 2004?

If so, another statement is okay, but not really needed unless your circumstances have changed dramatically. Based on your input above, your situation has not changed, as you are filing jointly with your wife who is under an H-1B visa.