[ashishseth]

Hi,

I came to US from 24th Feb - 12th April 2008 on B1. [49 days]

I came to US on 17th July 2008 (and completed full 2008) on L1 along with my wife (she does not work) and child. [168 days]

What should I fill tax as - resident alien or non resident alien?

Importantly, what saves me MORE TAX?

Thanks,
Ashish

[MukatA]

Days on H1 count toward SPT. You have completed 183 days in 2008. You can file resident tax return as Married Filing Jointly.

You will get standard deduction of $10,900 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[ashishseth]

Days on H1 count toward SPT. You have completed 183 days in 2008. You can file resident tax return as Married Filing Jointly.

You will get standard deduction of $10,900 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

Hi,

I think there is some confusion - I was on a B1 before I came on L1 and I think you responded to me considering that I was on H1.

Can you please help me with this one?

Thanks,
Ashish

[AtlantaTaxExpert]

It makes no difference.

Filing jointly with your wife will almost ALWAYS save you more in taxes.