Hi ,
I am on an L2 visa with EAD and worked in the US for all of 2006. My employer gave me a W-2. My husband is on L1 visa but gets his salary in India. There is no US income for him. What tax form do I use. 1040NR or 1040EZ 1040A 1040 . Can I use "married filing jointly " with 0 income for my husband . Do I have to declare his india income. His india income is about $20.000 . Please let me know soon as I'm going back to india soon and need to do my taxes . H R block or customer care for IRS have given different answers each time.
I don't want to get into double taxation in india.

Thanks in advance,

How long has your husband been in the U.S. in 2006? If the entire year (like you), then his salary is subject to U.S. taxes. The source of the income is irrelevant, because those on L-1 visas who work in the U.S. longer than 183 days are taxed as resident aliens.

You can avoid double taxation on his India income by filing Form 2555 to claim the Foreign Tax Exclusion or by filing Form 1116 to claim a Foreign Tax Credit.

You cannot filing jointly and claim ZERO income for your husband, because residnet aliens must pay U.S. taxes on ALL of their world-wide income.

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