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View Full Version : Have H1B visa which tax return form I should use


amitavabh
Jan 27, 2009, 06:29 AM
Dear Sir,
I have H1B visa. I have my wife and three children here with me in USA.

1. Which tax return form I should use?
2. Am I eligible to file as resident alien?
3. Will I get tax deductions as an American citizen gets for dependents?

Thanks and Regards,
Amitava Bhattacharjee

MukatA
Jan 27, 2009, 10:35 AM
You can file resident tax return as Married Filing Jointly. If you did not complete SPT in 2008, then you must wait to file your tax return till you complete SPT in 2009

You will get standard deduction of $10,900 and exemptions for both of you and the kids.
You must both declare your worldwide income for 2007. You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

amitavabh
Jan 27, 2009, 05:25 PM
You can file resident tax return as Married Filing Jointly. If you did not complete SPT in 2008, then you must wait to file your tax return till you complete SPT in 2009

You will get standard deduction of $10,900 and exemptions for both of you and the kids.
You must both declare your worldwide income for 2007. You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

Thank you for your nice reply. I have entered USA on 18th February, 2008 and staying here since then. I have completed more than 183 days. So I am a resident alien for tax purpose. Now Which form I should use to file my tax return.
Thank you.

MukatA
Jan 28, 2009, 12:16 AM
Form 1040EZ, 1040A or 1040 if you are filing joint return. You must both report worldwide income for 2008 and attach a "First Year Choice" statement. Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income (http://taxipay.blogspot.com/2008/03/us-citizen-or-resident-with-foreign.html)

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