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-   -   Does I need to file the tax return with L1-B VISA (https://www.askmehelpdesk.com/showthread.php?t=192468)

  • Mar 8, 2008, 03:46 PM
    brynhe
    Does I need to file the tax return with L1-B VISA
    Hi,

    The background of my wife and I is:


    I am working for MMM company on L1-B Visa from Aug 17, 2007.

    My L1-B status will expire on July 9, 2008 and it may be extended to July 9, 2009.

    I get payroll from MMM company's subsidiary company in China. So I get china payroll

    And pay individual incoming tax there.


    My wife is working for LLL compny on L1-B Visa from June 1, 2007 to July 9, 2009

    She gets U.S. payroll. Our daughter was born in Feb 2008 in the U.S.



    I have following questions about filing the tax return:

    1. Do I need to file the tax return myself? (I have no W2 form but I got some reward and interest from a bank)

    2. Since my wife needs to file the tax return, can she do it joinly with me. I mean can our

    Daughter and I be considered as tax exemption or deduction reason?


    3. Which form should my wife file.

    Thanks in Advance
  • Apr 25, 2008, 01:49 PM
    AtlantaTaxExpert
    YOU are not required to file a tax return for 2007, because you were working in the U.S. for less than 183 days in 2007, and were NOT paid by a U.S. source. This assumes that the interest from the bank is LESS than $3,400.

    However, if you file jointly with your wife, then ALL of your 2007 world-wide income becomes subject to U.S. taxation.

    Your wife must file a return, so she can file Married Filing Separately and claim your daughter as a dependent. The interest income you earned means she CANNOT claim you as a dependent.

    She will file Form 1040A.

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