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    moniac's Avatar
    moniac Posts: 12, Reputation: 1
    New Member
     
    #1

    Feb 2, 2009, 06:29 PM
    Dual status - Treaty exemption
    Hi,

    I was on F1 from August 2006 to April 2008, OPT from April to June 2008 and H-1 from June 13, 2008. I am from India and got married on Jan 18, 2009. My wife is also Indian and has been on F-1 since August 2005.

    Based on what I have read, I understand that I would be dual status, filing 1040NR as a statement and 1040 for returns. I could use single exemption of $3500 in 1040 along with itemized deductions for state and local taxes.

    My questions are:

    1. US-India Tax treaty - gives me an exemption of $5,350 as a non-resident and I had claimed it once in 2007. However, I am not sure if I could claim it for 2008. If yes, How?

    2. What is standard deduction in 1040, Is it different from personal exemption of $3,500?

    3. Will I be eligible for Recovery Rebate?

    Thanks in advance! Your help would be greatly appreciated.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 3, 2009, 12:06 AM

    You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,900 and exemptions for both of you. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Feb 5, 2009, 11:32 AM
    All what MukatA says, as usual, is absolutely correct.

    The standard deduction for you as a non-resident alien would be $5,450.

    If you file as a non-resident, you are NOT eligible for the Recovery Rebate Credit.

    If you file jointly with your wife as resident aliens, you BOTH WOULD be eligible for the Recovery Rebate Credit.
    moniac's Avatar
    moniac Posts: 12, Reputation: 1
    New Member
     
    #4

    Feb 10, 2009, 09:03 PM

    I just needed clarification: Do you have to be married in 2008 to file jointly? I got married on Jan 18, 2009. Please advise.
    Five Rings's Avatar
    Five Rings Posts: 459, Reputation: 7
    Full Member
     
    #5

    Feb 11, 2009, 09:43 AM

    You can file married if you were married on the last day of the year; so no, you cannot file jointly for 2008

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