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Can we wait till we are eligible for SPT and then file taxes

Asked Feb 17, 2009, 02:35 PM — 3 Answers
Hi,
I am on L1B Visa in US since Sep 2008.
1.My husband will be joining me in May 2009.He will be in US for 1 month.
2.I will be leaving US in July 2009.
3.Since I Leave in July 2009.I will meet SPT.


My question is whether I should file my tax returns as non resident single or wait till June & file a joint return as residents. The resident return that I will be filing will it include the period from sep-dec or will it be for the period sep -june


Please help.
Thanks in Advance.
Suneetha Reddy

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3 Answers
MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#2

Feb 18, 2009, 12:34 AM


You have both the choices:
1. File nonresident tax return or

2. File joint return as residents after you complete SPT in 2009. You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return. You can also deduct moving expenses. Use form 3903.
Read about L1B tax filing: Your U.S. Tax Return: The U.S. Visas
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trisha822003's Avatar
trisha822003 Posts: 7, Reputation: 1
New Member
  
#3

Feb 18, 2009, 07:47 AM
Thanks a lot for the reply.Now as I would be leaving in July09 and will not be coming back again.When I file returns for the year 2009 in future,I will not meet SPT.I have to file non resident return for the year 2009.Is my assumption correct?
So with my stay particulars as given above
1)I will be filing joint return as residents for the year 2008.
2)I will be filing non resident tax return for the year 2009.
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MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#4

Feb 18, 2009, 09:45 AM


Yes, you can file joint return after you complete SPT in 2009.
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