I'm on H1B, spouse on F1 OPT, married filing jointly, how to handle spouse's social security and medicare taxes?
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New Member

I'm on H1B, spouse on F1 OPT, married filing jointly, how to handle spouse's social security and medicare taxes?

Spouse's employer did not withhold social security and medicare taxes, which is correct. When using TurboTax and choosing "Married filing jointly" the tool calculates that we have to pay the social security and medicare taxes after uploading spouse's W-2. When Sprintax was used, it shows the same. 

IRS website mentions:

"You and your spouse are treated, for federal income tax purposes, as residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien. Refer to Aliens Employed in the U.S. – Social Security Taxes."

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse 

Is there a way in TurboTax/Sprintax to indicate that my spouse is a non-resident alien so that the taxes are calculated correctly in the software?

If not, what is the correct way/tool/filing status to use in this scenario? Please suggest! Any reply is much appreciated.

1 Reply
New Member

I'm on H1B, spouse on F1 OPT, married filing jointly, how to handle spouse's social security and medicare taxes?

Check out https://ttlc.intuit.com/questions/4730899-husband-h1b-wife-on-f1-opt-should-we-file-amended-return-w... 
I am in similar situation. 
I dont know about Sprintax but TurboTax doesnt include FICA taxes in its calculations. It just calculates income tax whichs different from FICA. FICA taxes are just between you, employer and govt, meaning employer takes definite amount from your paycheck and send to govt. If they didnt withhold in your case thats correct. You dont need to worry about it.

However, as per link you posted, you need to submit a joint filing election in a statement that says you want your wife to be considered a resident for tax purposes since you are filing joint. This cant be done in Turbotax e-file. You need to file by mail meaning include the declaration statement along with your return in mail

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