Ask Experts Questions for FREE Help !
Ask
    indianinusa's Avatar
    indianinusa Posts: 8, Reputation: 1
    New Member
     
    #1

    Nov 20, 2008, 04:51 PM
    H1 and H4 Visa - Tax Return
    I am on H1 and have been in US for more than 6 years. So, I am a resident for the tax purposes. I got married this yr and my wife is with me in US on H4 visa. She is planning to join the school next year but surely don't have any income for the yr 2008.

    I am still single on my W2 with 2 allowances and probably over paying the IRS. So, I will be entitled to some kind of refund. But what would be the best way to get the maximum refund?

    1. If I show my wife as a dependent on me, or

    2. If I file my taxes jointly with my wife (by the time she may get her SSN).

    Please help me understand my option here..
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Nov 20, 2008, 10:54 PM

    You can file joint return as residents. If your wife does not have SSN, you will attach W7 (ITIN application) with your tax return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Nov 21, 2008, 12:37 PM
    More than likely, filing jointly is the best course of action.

    If your wife reverts to a F-1 student visa, she will still be exempt from FICA taxes under the F-1 visa, even though she is filing jointly with you. See link below:

    Nonresident Spouse Treated as a Resident
    indianinusa's Avatar
    indianinusa Posts: 8, Reputation: 1
    New Member
     
    #4

    Nov 21, 2008, 10:28 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    More than likely, filing jointly is the best course of action.

    If your wife reverts to a F-1 student visa, she will still be exempt from FICA taxes under the F-1 visa, even though she is filing jointly with you. See link below:

    Nonresident Spouse Treated as a Resident
    Thanks for the replies. My wife has applied for the change of status. In case she get the F1, she will join the school in Jan 2009. I understand she will not pay FICA, medicare, social security taxes. But as she will be on H4 for the yr 2008, I think I should file it jointly for the yr 2008. Is it correct?

    Also, even if she gets F1 for the yr 2009, should we file joint taxes for the yr 2009 in 2010?

    Please help me understand scenarios under my circumstances.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Nov 24, 2008, 10:36 AM
    Yes, file jointly for BOTH 2008 and 2009.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Tax`return for L2 visa and EAD [ 1 Answers ]

I have been working in the US since April 2007 on an L2 visa (and EAD card). Am I considered a resident or non resident for tax filing purposes? Also if I have received rental income from a property abroad what forms do I need to complete to declare this?

Australian E-3 visa tax return [ 9 Answers ]

I am an Australian citizen, currently working in Vermont on a E-3 visa, I am wondering if anyone can recommend tax return software for both federal, and Vermont state tax filing purposes. I have looked closely at CINTAX, and Turbo tax, and neither of them have anything specific for E-3 visas, they...

Tax return for L1 and L2 visa [ 1 Answers ]

Hi, I am on L1 visa and my spouse is on L2 visa. We have been in the US since September 2007 and do not fulfill the substantial presence test. My spouse did not have any US earnings in 2007. My question is which tax return form will be most beneficial? Should I file a joint return with my spouse...

L1 Visa Tax Return [ 1 Answers ]

I came to US on March 31 through L1 Visa and I now I am in US Payrolls.And for every payslip I am paying the following Taxes. W/H EE Federal OASDI EE Federal Medcar EE Federal W/H EE Illinois(State) If I stay in USA less than 6 months then I will get the money that I...

H1 and H4 visa tax return [ 1 Answers ]

Thanks for your quick reply. I have few more questions and I hope you will reply me. 1. Which form 1040/1040A/1040EZ is apprpriate for me (H1B) to apply jointly with my wife (H4) and child (H4)? 2. Is there any advantage if we apply separately? 3. My elder daughter has born in...


View more questions Search