AtlantaTaxExpert, Could you solve my OPT tax issue – Money & Services

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AtlantaTaxExpert,

I will greatly appreciate your help for this matter. Currently, I am using my opt to work and my opt started from April 0:) 7-March 08. Technically, I am exempt from social security and medicare taxes. However, I was treated as a resident when we filed jointly tax return in 2006 because my spouse is on H-1 visa. We are going to file our tax in the same way for 2007. But my paychecks I received only included federal tax. There were no records for social security and medicare taxes. So, what shall I do if I want to pay these two taxes for 2007?

Thank you for taking time to help me with this issue.

Happy new year!

Dan

Answer

Dan:

Since you filed jointly with your spouse, you made the conscious and voluntary decision to be treated as a resident alien for 2006. That decision carries over to 2007. For this reason, you were liable to pay Social Security and Medicare taxes for 2007.

You have the legal obligation to notify your employer of this fact as soon as possible so that they can take the ncessary steps to collect and pay these taxes. You should make this notification in writing and keep a copy for your records.

Once you have made this notification, the rest is up to your employer. YOU cannot make the payments, beause these are considered employment taxes that MUST be paid by the employer.

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