Hi,

I have couple of questions regarding my tax return. Any sort of help will be highly appreciated.

1. I am here in USA on H1 Visa and got married on 10 of Dec 06 and my wife accompanied me to USA on 31 Dec 06. Since we got married in 06 and she was physically here in 06 only (though just few hours before the 1st of Jan 07), can I file joint return and have spouse deductions? OR there is some minimum period she has to stay in USA before I can get spouse deduction?

2. If I am eligible for spouse deduction, do I need to have ITIN (as she is not having SSN)from some office here (If Yes, which one) or just state about my married status in the form.

Thanks and Regards

Mukesh

1) You could file jointly even if your wife was still in the home country; wife's physical location in 2006 is irrelevant.

2) Yes, she will need an ITIN. Call the local IRS office to see if they can issue the ITIN.

If you need my professional tax help, contact me at [email protected].

Quote:

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Originally Posted by muks7

Hi,

I have couple of questions regarding my tax return. Any sort of help will be highly appreciated.

1. I am here in USA on H1 Visa and got married on 10 of Dec 06 and my wife accompanied me to USA on 31 Dec 06. Since we got married in 06 and she was physically here in 06 only (though just few hours before the 1st of Jan 07), can I file joint return and have spouse deductions? OR there is some minimum period of time she has to stay in USA before I can get spouse deduction?

2. If I am eligible for spouse deduction, do I need to have ITIN (as she is not having SSN)from some office here (If Yes, which one) or just state about my married status in the form.

Thanks and Regards

Mukesh

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Hi David,

Thanks for your reply. Based upon this reply and reading answers you have given to other people, I understand little bit, but confused for many things. In answer to my question, you mentioned that the physical stay of my wife is irrelevant, but I have read posts where you have talked about SPT for 183 days OR another stay for 31 days in order to define the status.


1. I am an indian citizen and came to United States in Aug 2001 on F1 Visa (Student VISA) and have been filling 1040NR-EZ (all the years for federal tax so far). Which form I will be using this year (keeping in mind that my OPT started on 1st June, my H1 started on 1st Oct and I got married on 10 Dec and my wife joined me on 31st Dec)?

2. What status will I be using for myself and my wife (Resident alien, non resident alien) in order to get maximum deductions?

3. How much deductions I should fill in federal tax return?

4. I was in Massachusetts till June end and came to Pennsylvania in the last week of June, will I be considered a resident for Pennsylvania too?

5. How much deductions I should fill in state tax return?

I know these can be very naïve questions for you, but its quite confusing to me. Thanks for your assistance in this matter.

Hi David,

Thanks for your reply. Based upon this reply and reading answers you have given to other people, I understand little bit, but confused for many things. In answer to my question, you mentioned that the physical stay of my wife is irrelevant, but I have read posts where you have talked about SPT for 183 days OR another stay for 31 days in order to define the status.


1. I am an indian citizen and came to United States in Aug 2001 on F1 Visa (Student VISA) and have been filling 1040NR-EZ (all the years for federal tax so far). Which form I will be using this year (keeping in mind that my OPT started on 1st June, my H1 started on 1st Oct and I got married on 10 Dec and my wife joined me on 31st Dec)?

2. What status will I be using for myself and my wife (Resident alien, non resident alien) in order to get maximum deductions?

3. How much deductions I should fill in federal tax return?

4. I was in Massachusetts till June end and came to Pennsylvania in the last week of June, will I be considered a resident for Pennsylvania too?

5. How much deductions I should fill in state tax return?

I know these can be very naïve questions for you, but its quite confusing to me. Thanks for your assistance in this matter.

1) Since you arrived in the U.S. in 2001, your F-1 status (for tax purposes) expired on 31 December 2006. File as a resident alien, filing Form 1040, 1040A or 1040EZ if you are filing jointly with your wife.

2) File jointly as resident aliens.

3) Standard deduction of $10,300 and personal exemptions of $6,600 ($3,300 each for your wife and yourself).

4) You are part-year residents for BOTH states.

5) Do not know off-hand.

If you need my professional tax help, contact me at [email protected].

Hi ATE,

I am still debating between 1040-NR and 1040, as IRS office told me that since my F1 got converted to H1 on Oct 1st 06, so I should file 1040-NR (as I don't meet the number of days criteira in US on H1 in 06).

But I have been filing 1040NR-EZ for the last 5 yrs (01,02,03,04,05 tax yrs). I have also heard that if one file 1040NR-EZ for 5 yr, then one need to switch to 1040 (considered resident for tax pupose after 5 yr, though not sure 5 tax yr or 5 physical yr stay). Is that true? If yes, can you please tell me the reference or publication, where its mentioned?

Also in your answer to 1st question that my F1 expired on 31st Dec 06, I just wanted to clarify that my F1 expired on 31st Sep 06 (If that make any difference in your recommendation for selecting the form to be fillled).

Here are my details again, which my hel you to figure out the form

Came to US on F1 on 25th Aug 01
Filed 1040NR-EZ for 01,02,03,04,05 tax yr
OPT started on 1st June 06
F1 expired on 31st Sep 06
H1 started on 1st Oct 06
Got married on 10th Dec 06
Came back to US with my wife (she is on H4) on 31st Dec 06

I will greatly appreciate if you can help me to pick up a form so that I can clarify to IRS people (as I have a strong feeling that I should be treated as a resident for tax purposes now, but don't know the reference to tell them)

Thanks in advance

Mukesh

ATE's comment that you have exceed the 5 years as F1 exempt and now are a resident is correct. You should let the IRS people know that you have been on an F1 for more than 5 calendar years and now must count your days for the SPT. You can refer them to publication 519 -- it is very clear.

Thanks for the assist, TaxSearcher. I am REAL BEHIND on my posting due to heavy workload!