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-   -   Dependent exemption for H1-b's (https://www.askmehelpdesk.com/showthread.php?t=20986)

  • Feb 17, 2006, 02:16 PM
    chikudee
    Dependent exemption for H1-b's
    Hi ,
    I am new to this site but just going through the threads, I think it's a great forum!

    Well here's my question (or questions rather!! )

    I was on an F-1 student on OPT and worked full time from March 2005 onwards. I changed to H1B status on Oct 1, 2005.
    Should I file 1040 or 1040NR?

    Also my wife was on F2 and her status changed to H4 on Oct 1, 2005 - Can I claim her as an exemption?

    Thanks,
    Tax nerd:confused:
  • Feb 17, 2006, 11:01 PM
    AtlantaTaxExpert
    Chikudee:

    You are a dual-status alien; so is your wife. Unfortunately, you cannot file a dual-status return jointly.

    For this reason, I recommend that you wait until early June to file as a resident alien under the First Year Choice. Your wife can then jointly with you and you can claim both personal exemptions (for a $6,400 deduction) and a standard deduction of $10,000. Be sure to file the extension (Form 4868) and make a payment if you think you will owe taxes.
  • Feb 18, 2006, 08:01 AM
    chikudee
    Thanks! Yes this helps a lot.

    Just wanted to tell you that my son is a US citizen- so can I still file right now as a NRA and claim only him as a dependent (that is leave my wife out for now) and will I still be eligible for the Child Tax credit?

    Thanks in advance!
  • Feb 18, 2006, 08:50 AM
    AtlantaTaxExpert
    Possibly, but WHY??

    If you file immediately as a NRA, you lose a deduction of $8,200 for your wife. If you wait, you get the deduction.

    In my opinion, this is a no-brainer decision, unless the combination of your personal exemption & standard deduction plus your son's exemption already completely offsets your taxable income.
  • Feb 18, 2006, 06:33 PM
    chikudee
    He! He! He! I already told you I am a tax nerd:confused:

    Of course you are right about it being a no-brainer!
    I will certainly wait- I just wanted back my refund real faaaast!! But I guess waiting will make the refund fruit even sweeter.

    Thanks once again for your advice.

    Regards,
    Now much less :confused:
  • Feb 18, 2006, 10:03 PM
    AtlantaTaxExpert
    Advice is the reason we are here!

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