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lalji
Oct 22, 2009, 06:53 PM
Hello Atlanta tax expert,

I am working on H1 visa. I recently got married and my spouse is on H4 visa. Can I claim three exemptions in the W4 form.

Please advise

Thanks
MukatA
Oct 23, 2009, 04:16 AM
You can file joint return as residents.
On your W-4, you can claim Married and 1, 2, or 3 allowances depending upon your total income for the year. If you started your job recently, then 3 or more is OK.
AtlantaTaxExpert
Oct 23, 2009, 07:49 AM
Actually, IRS regulations restricts the number of allowances a foreign national can claim to no more than TWO, regardless of whether you file as Married or Single.

The reason is simple: The IRS wants to ensure that sufficient funds are withheld to cover your tax liability so that, when you return to your home country, you have an incentive to file that last tax return to get the refund.
lalji
Oct 26, 2009, 11:46 AM
Hello atlanta tax expert
Thanks for your reply. Does India-US tax treaty allow me to claim THREE allowances. Please advise.
AtlantaTaxExpert
Oct 27, 2009, 10:17 AM
No, it does not. The IRS regulation is NOT treaty-dependent, but rather applies to ALL foreign nationals regardless of nationality.