Hello Tax Expert,

I am IT professional from India. I came to US first time on 18th July 2009 with my wife. That's 167 days, so I fail substantial stay test. That means I am non-resident for tax purpose and should file 1040NR.

Now I have below questions.

1. There is no standard deduction for 1040NR, is that right?
2. And 1040NR only considers 1 personal exception, it does not consider my wife's exception, am I right?
3. So I lose deduction 11400.00 and 3650.00 straight away, right?
4. Is that so bad for non-resident category? (In my case just for some 20 days) :(

5. Can I wait till I become resident for 2010 and file return for 2009? Would that be better that filing 1040NR?

Thanks a looot for your time and answer.

Your visa type?

Thanks a lot for your intent to answer my question. I am on H1B and my wife on H4.

Your visa type?
I am on H1B and my wife is on H4.

Check this https://www.askmehelpdesk.com/taxes/l1-l2-visa-holders-tax-return-442447.html

Check this https://www.askmehelpdesk.com/taxes/l1-l2-visa-holders-tax-return-442447.html

Hi,

Thanks a lot for info. So I can wait till I become resident for 2010. And to be called as resident for 2010 I can consider 1/3 days of 2009, am I right?

So on 8th April, I will become resident for 2010 by below formula.
Formula: 55 days (167/3) of 2009 + 128 days of 2010

So you mean I can file tax return for 2009 on 8th April as a resident filing jointly and will be able to avail 11400 + 7500 deduction.

Thanks again for your time.

Hi,

Thanks a lot for info. So I can wait till I become resident for 2010. And to be called as resident for 2010 I can consider 1/3 days of 2009, am I right?

So on 8th April, I will become resident for 2010 by below formula.
Formula: 55 days (167/3) of 2009 + 128 days of 2010

So you mean I can file tax return for 2009 on 8th April as a resident filing jointly and will be able to avail 11400 + 7500 deduction.

Thanks again for your time.

***Sorry.. that is on 8th May and not on 8th April.

May 8th is the correct date; mail your joint return on that date.

Assuming you both have SSNs or ITINs, you can file your state return immediately.