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-   -   H1b and h4 spouse joint filing (https://www.askmehelpdesk.com/showthread.php?t=336313)

  • Mar 31, 2009, 01:51 PM
    Mirlok
    h1b and h4 spouse joint filing
    Hello
    I'm resident alien holding H1B visa. I got married in July, my wife came to US in July holding H4 visa. In September she got EAD and SSN based on it. She doesn't work and doesn't have any US income, except < 20USD from her saving account. We live in California.
    And I have few questions about tax return :)
    1. Is her SSN valid for tax purposes?
    2. Can we use turbotax to e-file our joint return both federal and state?
    3. What should be my wife's status for taxes this year:
    3a. As pub.519 states we can make a choice treating my wife as resident alien for whole 2008 year. Is this choice valid for both federal and state return?
    3b. To make a choice is it any separate form or handwritten/printed paper written by us?
    3c. Should we submit it with both federal and state return?

    Thank you very much in advance?
  • Mar 31, 2009, 05:38 PM
    MukatA

    1 & 2. Yes, you can file joint return as residents and use the SSN.
    3. For federal she is resident for tax purpose. For state, if she lived in a state she is resident or part year resident.
    4. If you were in U.S. on H1-B in 2007, then you do not need to attach first year choice statement.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
  • Apr 1, 2009, 01:53 PM
    Mirlok
    Quote:

    Originally Posted by MukatA View Post
    1 & 2. Yes, you can file joint return as residents and use the SSN.
    3. For federal she is resident for tax purpose. For state, if she lived in a state she is resident or part year resident.
    4. If you were in U.S. on H1-B in 2007, then you do not need to attach first year choice statement.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

    Thank you for reply
    Could you clarify me a little bit more
    2. She lived in California as of 15 July 2008, so is she resident or part year resident then?
    4. I filed as non resident for 2007 as been only 1.5 months in US in 2007..
  • Apr 1, 2009, 03:57 PM
    MukatA

    2. If does not matter how many days she lived in the U.S. Even if she has never been to the U.S. you can choose to file joint return as residents.
  • Apr 2, 2009, 10:25 AM
    Mirlok
    Quote:

    Originally Posted by MukatA View Post
    2. If does not matter how many days she lived int he U.S. Even if she has never been to the U.S., you can choose to file joint return as residents.

    Thank you again
    Sorry, I still don't get it :(
    I mean for state tax return, not for federal?
  • Jun 2, 2009, 11:29 AM
    AtlantaTaxExpert
    If you file jointly on the federal return, in 95&#37; of cases you also file jointly on the state return.

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