Hi,

I have a unique situation. I was on H1 for year 2008 and my wife was on h4 until September 2008 and converted to F1 from Sep08 to Dec08 and she has worked for few hours in school.

My questions are

1) Can we file joint tax return?

2)Can I claim her as an dependent? Can I claim for her tuition credit?

Please reply ASAP,

Thanks

Hi,

1. Yes. I assume you are legally married and lived together for the last 6 month of year 2007. Then yes, you can file a joint return. Please note, some states don't have common law marriage thus your state return will be different.

2. 1)If my assumption is true, then you can claim your wife's Personal Exemption as well ($3500) if that's what you mean. You can NOT claim your wife as dependent.
2) Yes, you can claim her Education Credit by filing form 8863.

By the way, here is another tip:
Tuition expenses can be either filed as Tuition and Fees Deduction (Form 1040 line 34) or Education Credit (Form 1040 line 50). You need to calculate with one will result in lower tax and/or higher refund.

Hope this helps,

Anthony Bu
IRS VITA, SPEC area 3

anthony_bu:
Please explain, why you write "IRS VITA, SPEC area 3" in your signature. Evidently, you are new in this field.

Hi,
I have a unique situation. I was on H1 for year 2008 and my wife was on h4 until September 2008 and converted to F1 from Sep08 to Dec08 and she has worked for few hours in school.
My questions are
1) Can we file joint tax return?
2)Can I claim her as an dependent? can I claim for her tuition credit?
Please reply ASAP,

Thanks

Cshah:
On H1-B visa you can file joint return as residents even when your wife has never been to the U.S.
1. Yes
2. yes.
If you file joint return, your wife must inform employer about change of status (from nonresident to resident) and must pay FICA taxes on her income.

VITA is a program under SPEC from IRS. Area 3 is where I got trained and certified. I've been in this field for 5 years, but mostly focused on TCE.
I didn't read the rules here to start with, if there is something against using signature I apologize for that.


anthony_bu:
Please explain, why you write "IRS VITA, SPEC area 3" in your signature. Evidently, you are new in this field.

Hi anthony_bu
As far as I know, there is no such rule.
I just wanted to know as your signature uses the word IRS.