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-   -   Federal tax can claim non-resident spouse for exemption (https://www.askmehelpdesk.com/showthread.php?t=714107)

  • Nov 4, 2012, 12:48 PM
    phm
    Federal tax can claim non-resident spouse for exemption
    Hi,

    I moved to CA, USA in Aug 2012 and my spouse, son and father are still in India. My spouse and Son will be join me only by Mar/apr 2013. So what will be my filing status and what all exemption /deduction I can claim. I calle dup IRS helpdesk but they were unsure.
    My spouse has no income in my home country and even my father has no income... so
    1) Can I have my filing status for Federal and CA state as "Married Filing Jointly" ?
    2) I can claim exemption for my spouse, Son and Father i.e. 3 exemption ! If yes then can I do for both Fedral and CA state tax purpose ?
    3) What is child tax credit and can I claim for my child who is in my country and going to 2nd Grade.

    Thanks a lot for your help and time...
  • Nov 4, 2012, 06:07 PM
    AtlantaTaxExpert
    You CAN file jointly with your wife for 2012; you will have to claim ALL world-wide income for 2012, but you can claim the Foreign Tax Credit (Form 1116) to offset the tax you have paid in India. Filing jointly does NOT require that your wife live in the United States.

    You will need to wait until sometime in May 2013 before you can file the joint return.

    You CANNOT claim your child or your father for 2013, nor can you claim the $1,000 Child Tax Credit, because the child will have spent NO time in the United States in 2012.

    Email me if you want my professional help to file; my email address is in my profile.

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