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-   -   Almost half year 2013 H-1B, possible form and filling status? (https://www.askmehelpdesk.com/showthread.php?t=787531)

  • Mar 22, 2014, 11:05 PM
    Trek
    Almost half year 2013 H-1B, possible form and filling status?
    On 7th Aug 2013 I came USA with H-1B with my wife and daughter (child) with H4 visa; in a couple of weeks I got my new SSN, then started and continue working but since Feb 2014 my wife had to return to our home country for 4 months.

    My wife and daughter don’t yet have ITIN and doesn’t have income, could I fill online without including them to get an initial refund and by Jun 2014 (being my wife back) file an amendment with the two W-7?

    If this is possible, which form and filling status (single, married…) could I use?
  • Mar 22, 2014, 11:12 PM
    AtlantaTaxExpert
    If you file by yourself, you CANNOT file on-line, as you have not yet met the Substantial Presence Test. You would have to file as a non-resident alien, filing Form 1040NR-EZ.

    Calculate your return filing jointly and claiming your child. If you have a refund coming, then file Form 4868 and simply wait out the time for your child to meet the Substantial Presence Test, then submit the W-7s and tax return.

    If you need professional help, this is what I do! Email me at the email address in my profile.
  • Mar 23, 2014, 12:57 AM
    Trek
    Appreciate you fast response and recommendation,

    Yes I have a refund when calculating as file jointly and claiming my child.
    Therefore filing Form 4868 and waiting for my child to meet the Substantial Presence Test in June, then submit the W-7s and tax return. This would be with Form 1040 as a resident?

    Also, filling as resident, should I declare ALL world-wide income earned in 2013.
  • Mar 23, 2014, 08:47 AM
    AtlantaTaxExpert
    Yes to both questions.

    On the world-wide income declaration, you file Form 1116 (Foreign Tax Credit) to mitigate any double taxation.
  • Mar 23, 2014, 09:32 AM
    Trek
    Thanks!
  • Mar 23, 2014, 10:37 AM
    AtlantaTaxExpert
    Glad to help!

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