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    friendof2005's Avatar
    friendof2005 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 4, 2010, 03:33 PM
    Is there any tax benefit for F1 student on OPT living with F2 spouse
    Hello I am non-resident alien from india on F1 visa working on OPT. My wife is on F2 visa. Can I claim her to be dependent on my tax return or what exactly I need to do to get more tax benefits. Can I put head of household so that less taxes are taken out from paycheck. *** guide.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Aug 5, 2010, 03:16 AM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your income you will get deduction based on tax treaty between the U.S. and your country. Since you are from India, as per tax treaty, you will claim standard deduction instead of itemized deduction. You can also claim exemption for your spouse if she did not have any income.
    You can not file as head of household.
    Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Aug 5, 2010, 12:50 PM
    IRS rules require you claim either SINGLE or MARRIED with no more than two allowances on the Form W-4. Head of Household is NOT an option.

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