Ask Experts Questions for FREE Help!
 

Free Answers in 3 Easy Steps

Register Now
3 Steps
 


Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.
  Answer this Question    Ask about Taxes    Ask about another Subject  
 

MOETAX
Mar 14, 2009, 07:09 AM
I am a US citizen and work in the US. My wife just received her green card in January 2009. She works for IndiaAir and lived mostly in India for 2008. Can I file MFJ and not claim her income in 2008 since she didn't have a green card?

IntlTax
Mar 14, 2009, 07:13 PM
If you file MFJ for 2008 you must show her 2008 worldwide income on your U.S. tax return. You can claim foreign tax credits for taxes paid to India and may be able to claim the foreign earned income exclusion under the bona fide residence test by relying on the nondiscrimation clause of the U.S.-India Income Tax Treaty.

If she did not meet the substantial presence test for 2008, you can file married filing separately and she does not need to file at all if she does not have any U.S. income. Also, if she does not have any U.S. source income and you file separately, you can claim an exemption on your tax return for her.

MukatA
Mar 14, 2009, 09:35 PM
If you file separately, you may not be able to claim exemption for your spouse if she had income in 2008.
Filing joint return should save you tax.