Rob

Hello,

I'm in the process of changing my status from a J1 (student visa) to a
permanent resident alien status (married to US citizen) while residing
here in the US.

Since I was working under a J1 visa, I did not pay FICA. I only paid
Federal Income Tax (we have no state tax). My questions:

1. Do I need to inform my employer to start taking out FICA now that
I'm changing my status?
2. What's the penalty for not paying FICA?

All your help is appreciated.

Thank you,
Rob

lairdside

Which state are you in? CA?

no-spam

I think it depends on whether you are going to file a nonresident federal income tax for year 2004 or not.

I'd try calling the IRS office in Philadelphia, it's open almost 24 hours.

International tax assistance philadelphia office
Open Monday-Friday 6am to 2 am
215-516-2000


I'm sure you'll soon be enjoying paying over 7% (15% if self employed) of your income to Socialism in the USA that FICA is. Medicare / Social Security (I wish I could invest half of that the way I want for retirement.)

Joachim Feise

no-spam said on 5/25/2004 20:22:

    > I think it depends on whether you are going to file a nonresident
    > federal income tax for year 2004 or not.

Permanent Residents *have* to file resident tax returns. It is called
the "Greencard test", explained in IRS Publication 519, Tax Guide for Aliens.

-Joe

Sylvia Ottemoeller

"lairdside" <member5824@british_expats.com> wrote in message
news:[email protected]...

    > Originally posted by Rob

    > > I'm in the process of changing my status from a J1 (student visa) to a
    > > permanent resident alien status (married to US citizen) while residing
    > > here in the US.
    > > Since I was working under a J1 visa, I did not pay FICA. I only paid
    > > Federal Income Tax (we have no state tax). My questions:
    > >
    > > 1. Do I need to inform my employer to start taking out FICA now that
    > > I'm changing my status?

Yes, after you have filed Form I-485. You should probably file your tax
return as a resident for tax purposes for the year in which you filed the
I-485. I believe you can split your tax year between resident and
non-resident, if that is to your advantage -- ask your accountant.

    > > 2. What's the penalty for not paying FICA?

I have no idea.

Rob

Hi 'lairdside',

You asked me in what state I am. I'm currently living in Alaska.
Please contact me with any advice.

Thanks,
Rob

Rob

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
    > "lairdside" <member5824@british_expats.com> wrote in message
    > news:[email protected]...
    >
    > > Originally posted by Rob
    >
    > > > I'm in the process of changing my status from a J1 (student visa) to a
    > > > permanent resident alien status (married to US citizen) while residing
    > > > here in the US.
    >
    > > > Since I was working under a J1 visa, I did not pay FICA. I only paid
    > > > Federal Income Tax (we have no state tax). My questions:
    > > >
    > > > 1. Do I need to inform my employer to start taking out FICA now that
    > > > I'm changing my status?
    >
    > Yes, after you have filed Form I-485. You should probably file your tax
    > return as a resident for tax purposes for the year in which you filed the
    > I-485. I believe you can split your tax year between resident and
    > non-resident, if that is to your advantage -- ask your accountant.
    >
    > > > 2. What's the penalty for not paying FICA?
    >
    > I have no idea.

Sylvia,

Yes, I did file Form I-485 and so I believe I need to file as a
resident for tax purposes. Is there any other place on the web where I
can find more information on this subject? I don't feel like hiring an
accountant yet.

Thanks for your advice,
Rob

Rob

Joachim Feise <[email protected]> wrote in message news:<[email protected]>...
    > no-spam said on 5/25/2004 20:22:
    >
    > > I think it depends on whether you are going to file a nonresident
    > > federal income tax for year 2004 or not.
    >
    > Permanent Residents *have* to file resident tax returns. It is called
    > the "Greencard test", explained in IRS Publication 519, Tax Guide for Aliens.
    >
    > -Joe

I'm afraid I need to start filing as a resident although I don't think
I pass the "Greencard test" yet.

Thanks,
Rob

Rob

no-spam <member15472@british_expats.com> wrote in message news:<[email protected]>...
    > I think it depends on whether you are going to file a nonresident
    > federal income tax for year 2004 or not.
    >
    > I'd try calling the IRS office
    > in Philadelphia, it's open almost 24 hours.
    >
    > International tax
    > assistance philadelphia office
    > Open Monday-Friday 6am to 2 am
    > 215-516-
    > 2000
    >
    >
    > I'm sure you'll soon be enjoying paying over 7% (15% if self
    > employed) of your income to Socialism in the USA that FICA is. Medicare
    > / Social Security (I wish I could invest half of that the way I want
    > for retirement.)

Hi,

Is that so smart to call the IRS for advice? I know that I tried to
contact immigration here in Alaska for some advice on how to adjust my
status. I learned one thing: immigration (USCIS) is NOT there to help
you. Also the case for the IRS?

Thanks,
Rob