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-   -   Filing US Tax return H1 and Spouse with H4 (https://www.askmehelpdesk.com/showthread.php?t=194623)

  • Mar 14, 2008, 12:30 PM
    venubv
    Filing US Tax return H1 and Spouse with H4
    Hi,

    Can you any one clarify my query on tax return?

    1. I was in US from Dec 16,2006 to 21 Jun 2007 with H1 VISA. For the December month and Jan month, I got salary on Feb 1st. So I never filed returns for year 2006.

    2. My wife with H4 joined me on 05 Mar 2007 and stayed up to 21 Jun 2007.

    3. Currently I am in India and trying to file tax returns

    The followiing are my queries.

    1. Do I need to apply ITIN for my wife or not? Can I file return with applying ITIN for my wife? What are benefits I get with ITIN for my wife?

    2. Filing Status would Non Resident Married Jointly, Is that correct?

    3. Do I need to claim my wife as dependent in my tax returns? Will I get any benefit with this?

    Regards
    Venu
  • May 1, 2008, 11:05 AM
    AtlantaTaxExpert
    1-3) Yes, an ITIN is needed for your wife. You can file jointly with your wife and you both CHOSE to be treated as resident aliens. She is your co-filer, NOT your dependent. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife) plus one $3,400 for your child PLUS the $1,000 Child Tax Credit.

    The downside is that you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

    Even with the downside, this is probably the best way for you to file.

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