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First time H1B tax filing with non resident spouse and kid
Hi,
I have received my w-2 for 2008 form from my employer And I pass the substantial presence test for 2008. So I am considered to be a resident alien and I file my 1040. My question is my wife and kid have come to US last July 2008 And the don't pass the SPT by 10 days difference. I want to know how do I file my tax returns and Can I claim them as my dependants? And I have heard that I should file for their ITIN with form W-7. Is that true..? Can you explain in detail... Thanks in advance... |
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If you are resident, you can file joint return as residents and claim your child. This is true even if your spouse has never been to the U.S. and is a non-resident. Attach W7 (ITIN application for your spouse and child) with the tax return. You must both report your worldwide income for the year. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas |
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You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.
The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116). You WILL need to file Form W-7 with the return to get the ITINs for your wife and child. Even with the downside, this is probably the best way for you to file. If you are NOT familiar with how to submit these forms, get professional tax help from a tax pro who has experience in filing returns of this nature. For my help, email me at [email protected]. |
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Hi ATExpert...
Thanks for your reply... It was surely very helpful... But I just have one more doubt... I am in US since May 2008 as my H1 B is from may 2008... Should I show my income I received in INDIA before I came to US... Is this what you were telling me... How much do you professionally charge to file tax returns for my case Reply... Thanks |
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Maverick:
Yes, you WILL need to claim ALL of the Indian income earned from 1 January to 31 December 2008. If you want a fee quote, email me at [email protected]. |
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Originally Posted by atlantataxexpert
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