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

    Mar 14, 2010, 03:51 PM
    File as Tax Resident or Non-Resident?
    Hi there. I've been on F1 for more than 5 years (1996-1998) and (2006-till now) and my spouse came as F1 since 2006. We've been filing our taxes using 1040-NREZ up until this year, I decided to file as Resident - Married but file separately using Turbotax service.

    The question is: Can my spouse file as a resident or must he use form 1040-NREZ?

    I'm still in school and he previously work for 1 year (during 2009) using his OPT. What is our option? It seems like he has to pay thousands of dollars if he were to file under 1040-NREZ? Please advise.

    Appreciate it! Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 14, 2010, 10:37 PM

    For 2009 file resident tax return. You can file joint return as residents or as married filing separately. If you file joint return, your spouse must start paying FICA taxes as she chooses to be treated as residents.
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