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frankiestein
Mar 21, 2010, 03:21 PM
Hello,

There were a couple of similar questions on the forum but I didn't quite understand the answers. Please bear with me. Here's my situation:

I'm on an L1 visa and my wife's on an L2. I am NOT receiving any salary of any sort from the US company so NO W-2 form for me. ALL my salary is being paid by the foreign company back in my home country as well as my tax returns. I already filed my income tax there already.

I've been here since March 2009, so I definitely know I'm an alien resident for tax purposes (March-December 2009).

My question is this:
1.) What are the forms that I should be filing for my income tax? I've been trying to educate myself on this so I think I need forms 1040 and 1116? But, is this correct? And should there be any other forms?

Thank you so much!

AtlantaTaxExpert
May 4, 2010, 10:02 AM
Since you exceeded 183 days in the United States, your income is considered U.S.-sourced under all tax treaties and U.S. tax law.

File jointly with your wife and CHOOSE to be treated as resident aliens. This will require you declare ALL worldwide income, but the two $3,650 tax exemptions plus the $11,400 joint standard deduction will offset that requirement, especially when Form 1116 (Foreign Tax Credit) is submitted.