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ashishseth · Feb 22, 2009, 10:04 PM

Hi,

I am married and on L1. I came to US in 2008 and I spent more than 183 days in 2008, so I am a resident alien.

My wife and my son joined me later in 2008 and they did not spend 183 days in 2008. They spent around 150 days each. My wife does not have any income.

Question:

- Can I file as married, filling joinltly? Anything special I need to take care of in my filing considering the fact that my wife did not spent > 183 days.

- Can I get child tax credit of $1000 for my son?

- If I file an extnesion and file tax in say June 2009, does that help or changes anything in getting all possible deductions and child tax credit?

Thanks,
Ashish

MukatA · Feb 22, 2009, 10:33 PM

You can file resident tax return as Married Filing Jointly. This is true even if your spouse has never been to the U.S.

You will get standard deduction of $10,900 and exemptions for both of you and your son.

You must both declare your worldwide income for 2008.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. Read about L1-B tax filing: Your U.S. Tax Return: The U.S. Visas

ashishseth · Feb 22, 2009, 11:29 PM

Thanks MukatA for the quick response.
What about child tax credit of $1000. Will I get it?
If no, will I get it if I file an extension and file 2008 tax in say June 2009. Does that make my son a resident alien (considering days in 2009 and 1/3 days in 2008) for tax year 2008 which is a condition for a qualifying child? Apologies if I am not talking sense!

Thanks,
Ashish

AtlantaTaxExpert · Apr 22, 2009, 11:22 AM

You ARE entitled to the $1,000 Child Tax Credit.

You have NO waiting requirement; gp ahead and file immediately. The SPT requirement does not apply to your family.