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arjunsharma27
Mar 12, 2012, 02:11 PM
Hi,

Here is the timeline of events:
1. SEP 05 2005 - MAR 12 2010 - work in india
2. MAR 13 2010 - JUN 13 2010 - USA on B1
3. JUN 14 2010 - SEP 19 2011 - work in india
4. SEP 23 2011 - till date - work in USA on H1B
5. OCT 4 2011 - till date - wife joined in USA on H4

Wife did not earn anything during the full year in INDIA or in USA.

I want to get my understand clarified and I have couple of questions:
1. As of today, I can file a Married filing Jointly with resident alien status.
2. I need to file W7 for my wife's ITIN
3. I cannot efile and have to file by mail

Questions:
1. Do I have to declare income in INDIA from JAN 1 2011 to SEP 19 2011 while filing USA returns? Even in that period, JAN 1 2011 to MAR 31 2011 income has already been declared and returns have been filed in INDIA where financial year ended on MAR 31 2011(from APR 1 2010). For APR 1 2011 to SEP 19 2011, I plan to file returns in INDIA when the current financial year will end I.e MAR 31 2012.

If yes then what all forms I need to submit? Can I not skip it? I don't need foreign income deducation or tax credit?


Thanks
ARJUN

MukatA
Mar 12, 2012, 07:30 PM
If you have completed 183 days during B1 and H1-B, you can file joint return as residents. You must both report worldwide income for 2011.
As resident you must also be aware of forms TD F 90-22.1 (also known as FBAR) and 8938 Specified foreign financial assets (SFFA). 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)