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    xdbworks's Avatar
    xdbworks Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Feb 20, 2012, 08:42 PM
    I am on H1B VISA, my spouse on F1 VISA for 2011. How to file FICA Exemption?
    How to claim exemption of FICA? Should we file jointly, if we do, how to claim FICA.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 21, 2012, 03:01 AM
    Yes, you can file joint return as residents if you are resident. Which return did you and your spouse file in 2010?
    xdbworks's Avatar
    xdbworks Posts: 4, Reputation: 1
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    #3

    Feb 21, 2012, 05:18 AM
    We filed joint in 2010. Then she did not have a job. In 2011.she started work and had wages. The employer has not cut any SSN and Medicare on her pay as they were aware of the FICA exemption rules for F1 students. However when I am filing this time I notice that the online software such as turbo tax and taxact do not consider this FICA exemption rule and they deducted it from the final refund as something I owe. Any ideas on how to file?
    xdbworks's Avatar
    xdbworks Posts: 4, Reputation: 1
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    #4

    Feb 21, 2012, 05:19 AM
    Also, we did file as residents.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 24, 2012, 02:02 PM
    NEITHER TurboTax nor TaxAct determine FICA tax requirements if you are filing as W-2 employees.

    Now, if she is filing under Form 1099-MISC, then they WILL calculate the self-employment tax.

    If she IS working under Form 1099-MISC, then the ONLY way to avoid payingthe self-employment tax is for you to file separately, you as a resident (If you were under H-1B for ALL of 2011) and she as a non-resident (filing Form 1040NR and Schedule C).

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.
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