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r12ohit
Dec 29, 2012, 11:09 PM
Hi,

I saw your reply and those were really helpful.

I am here on H1B with wife on H4.
I came to US on 29th AUG 2012.
My monthly income is nearly $6500 and currently in state of NY.

1) Can you please help me to understand my Federal tax for year 2012 as well as State tax for 2012?
2) If I continued to be here till April 2013, can I able to take benefit of being Resident Alien for the income of 2012 by filing tax returns in April 2013?

Ram

AtlantaTaxExpert
Dec 30, 2012, 11:47 AM
Ram,

You can file by yourself as a non-resident alien, paying taxes only on income earned IN the United states.

However, if you wait until about 20 May 2013, you can file jointly with your wife. On the joint return, you must declare ALL world-wide income earned since 1 January 2012 by you and your wife, but you xan claim the Foreign Tax Credit (Form 1116) for income taxes paid in your home country.

Your wife will need to submit Form W-7 to apply for an ITIN. With this form, you must submit a photocopy

AtlantaTaxExpert
Dec 30, 2012, 11:55 AM
A photocopy that is certified as a true copy by your home country government.

This can be done by your country's embassy or consulate. This can be done through the mail, though it does take some time. Since you must wait until mid-May to file, you should get started now.

If you need professional help, email at the email address in my profile if you cannot see it below.