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    neutrino's Avatar
    neutrino Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 11, 2007, 08:10 PM
    I'm F1 in OPT and my Husband is F1, which forms do I need to file?
    Hi,

    I'm confused on which forms do I need to file since I'm an F1 student from Aug 2002 (Puerto Rico) but I was never deducted taxes there. Then, I worked for a company in California with my OPT from Jul 2006-Dec 2006. They deducted social security and medicare. Which forms do I need to file? Can I file any form jointly with my husband who was F1 in California throughout 2006?

    Thanks in advance for your answer. It will be really appreciated
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 12, 2007, 11:06 AM
    You CANNOT file jointly. Your husband has to file his own non-resident alien tax return.

    The withholding of Social Security and Medicare taxes was improper. Contact your employer and ask for a refund. When they refuse (trust me; they WILL refuse), get the refusal in writing, preferably on company letterhead, then file Form 843 with the support documents listed on page 46 of IRS Pub 519 to get these taxes refunded to you.
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