Hello All

I came to United States on September 15th , 2005 on F-2( Dependent) visa with my husband, On November 30th my L-1 got approved and I started working for a company on 13th December.

What form should I feel, 1040-NR or 1040

Please advise, and Can my husband claim me a dependent as I got my L-1 almost in December

Thanks

Charu

Charu:

It is likely that your husband needs to file Form 1040NR.

As to whether you should file or whether your husband can claim your as a dependent, there are a number of questions that need to be answered:

- What is your (and your husband's) nationality?
- Did you receive any pay in 2005?
- Do you have an Individual Tax Identification Number?

Once I have answers to these questions, I can provide complete answers to your query.

Dear Atlanta Tax Expert


- What is your (and your husband's) nationality?
He is an Indian
- Did you receive any pay in 2005?
Yes, I received 1 paycheck from 13th December to 25th dec
- Do you have an Individual Tax Identification Number?
I have a social security number issued to be in December of 2005, befroe that I was on my husbands dependent visa to didn't had SSN from Sep to Dec

Thanks

Nitin
Charu:

It is likely that your husband needs to file Form 1040NR.

As to whether you should file or whether your husband can claim your as a dependent, there are a number of questions that need to be answered:

- What is your (and your husband's) nationality?
- Did you receive any pay in 2005?
- Do you have an Individual Tax Identification Number?

Once I have answers to these questions, I can provide complete answers to your query

Nitin:

Because you earned income, your husband cannot claim you as a dependent on his Form 1040NR.

You can file Form 1040NR-EZ for yourself, but it is likely your personal exemption ($3,200), not to mention the standard deduction ($5,000) will more than cover your salary. The rest of the deduction and exemption will go to waste unless you opt to file under the First Year Choice (see IRS Pub 519 for details).

It will require that you file an extension (Form 4868) and wait until early June 2006 to file your Form 1040 jointly with your husband as a resident alien, but it will allow your husband off offset almost $7,000 in income with your personal exemption and standard deduction.

Dear Atlanta Tax Expert

Thanks so much for your time, but I am little confused with your post

You Said:

""It will require that you file an extension (Form 4868) and wait until early June 2006 to file your Form 1040 jointly with your husband as a resident alien, but it will allow your husband off offset almost $7,000 in income with your personal exemption and stnadrd deduction""

Does this mean that my husband also has to apply for an extension, my husband is on F-1 visa and currently working on his OPT with a company,
Since he started working in march, his eastimated income for 2005 is about 40k.

How much do you charge to do Tax Returns for Married Couples, we will really like to use your services, my husband has contacted you in past but he lost your phone number.

Please advise


Charu

Charu:

Yes, you must both file an extension.

Filing together would save your husband over $1,000 in federal income taxes.

E-mail me at [email protected]. I will quote my rates via e-mail, but I will not post them on a public forum. I expect that you will find them to be very good when compared to a local tax professional.