Hello tax expert

My status: Since Aug 2006 was on F1 status. In 2009, I worked on OPT until Sep and received 1099MISC. From OCT-DEC I was on H1b and received a W2.

My wife: Since July 2008 was on F2 status. In 2009, From OCT-DEC she was on H1b and received a W2.

Country of citizenship: India

I want to file my 2009 tax refunds jointly and using 1040NR, 8843 and schedule C EZ to avoid the 15% self employment tax on 1099MISC. I need help filling up the 1040NR. Should I write my wife as a dependent under line 7C to claim the std deduction and personal exemption for me and my wife? Help me avoid the 15% self employment tax.

If you file Form 1040NR to avoid the 15.3% self-employment tax, you CAN claim your wife as a dependent, but the standard deduction of $5,700 is the authorized treaty exemption.

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Originally Posted by AtlantaTaxExpert

If you file Form 1040NR to avoid the 15.3% self-employment tax, you CAN claim your wife as a dependent, but the standard deduction of $5,700 is the authorized treaty exemption.

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Someone told me that I cannot claim my wife as dependent for 2009 as she she earned around $6000 and got a w2

That is true. She will have to file her own tax return.