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    HMS's Avatar
    HMS Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 13, 2006, 11:11 PM
    A F1 couple, what to file
    Thanks for your help!
    Both my husband and I came to the U.S. in late Aug. 2001. We have been F1 all these years. So, 2005 is the fifth year for us. As F1, can we choose First Year Choice to file as resident alien? Also, we have a U.S. born baby, can we claim child tax credit and credit for child care expense sfor 2005?
    I have applied for 6 months extension to file because of busy schedule.
    Thanks a lot!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jul 14, 2006, 11:04 PM
    If you are still F-1, then you cannot file as resident aliens. You must still file as non-resident aliens. If you both earned income, then you each must file your own Form 1040NR or 1040NR-EZ.

    What is your nationality? If you are Indian and only ONE spouse has earned income, then you can file just ONE Form 1040NR and claim the non-working spouse and the child as dependents.

    If you both work, then you should be able to claim the Child Care Credit even if you both have to file Form 1040NR. You can also claim the Child Tax Credit. If only one of you works, but the other needs to use child care to attend classes, you can claim the Child Care Credit in that case as well.
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