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    laurelstar's Avatar
    laurelstar Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 25, 2009, 01:25 PM
    Filing Jointly with 1 partner as J1 Trainee (non-resident)
    We were married last November. I am an US citizen, employed full time for the entire year of 2008. My Husband is a non-resident with a J1 Trainee visa for the entire year of 2008.

    Filing separately he would be exempted from federal taxes due to Tax treaties between the US & Germany by filing Form 1040nr-ez.

    Is is possible to file jointly?

    Would filing jointly be an advantage?

    Thanks,
    L&S
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 25, 2009, 01:48 PM

    Yes, you can file joint return as residents. In that case your husband must pay FICA taxes on his income.
    rootje's Avatar
    rootje Posts: 6, Reputation: 1
    New Member
    		  
    #3

    Mar 25, 2009, 03:13 PM

    As far as FICA taxes go, I have a similar problem.

    As I understand it right now: your husband would indeed owe FICA taxes on his income. However, it is the responsibility of the employer to pay this, not your husbands. In fact, there is no form to pay these FICA taxes (except FICA on tips, assume that doesn't apply).

    So.. . This leaves you with the amusing conclusion that you owe taxes that only your employer can pay.. .
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    May 14, 2009, 02:43 PM
    Mukata's posting is incorrect, as noted by the link below:

    Nonresident Spouse Treated as a Resident
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