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    ashish2000's Avatar
    ashish2000 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 1, 2009, 08:11 PM
    Tax return. I am on H1B and My wife in India
    Hi,

    I am in USA for the full tax year 2008. My wife and son is in India and has H4 visa and will be joining me in June 2009.

    My wife is working in India and filing her tax in India

    I heard that even though my wife and son is in india I can claim the tax benefit. Please help me what should I do.I don't have her tax id number as she never came to USA.

    What will be the status of my tax return?Do I file as "Married filing separately" or "Married filing jointly or "Single"

    What is the process to claim the tax benefit for my wife and son?

    Also I am paying for Home Mortgae interest for Home I own in India.Do I get any Tax benefirt for this?

    Thanks,
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 2, 2009, 05:25 AM

    You can choose to file joint return as residents.
    You will get standard deduction of $10,900 and exemptions for both of you.

    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 (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).

    You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
     
    #3

    Mar 2, 2009, 07:00 AM

    Your simplest approach is to file 2008 MFS. As MukatA mentions, you may save some taxes by electing to file jointly with your wife.

    As TTE noted earlier (https://www.askmehelpdesk.com/taxes/...me-285149.html) it appears that you cannot use the foreign earned income exclusion in your first year of residency.

    With regard to the mortgage interest in India, see https://www.askmehelpdesk.com/taxes/...ry-181648.html.
    kaushik's Avatar
    kaushik Posts: 20, Reputation: 1
    New Member
     
    #4

    Mar 4, 2009, 10:39 AM
    Ashish... could you please email me - floyd under score always at Yahoo dot com... do this ASAP man... I have same situation like you and we could discuss and see how to go about this... I have a plan... so please do call me.

    Thank you


    Quote Originally Posted by ashish2000 View Post
    Hi,

    I am in USA for the full tax year 2008. My wife and son is in India and has H4 visa and will be joining me in June 2009.

    My wife is working in India and filing her tax in India

    I heard that even though my wife and son is in india i can claim the tax benefit. Please help me what should i do.I don't have her tax id number as she never came to USA.

    What will be the status of my tax return?Do I file as "Married filing separately" or "Married filing jointly or "Single"

    What is the process to claim the tax benefit for my wife and son?

    Also I am paying for Home Mortgae intrest for Home I own in India.Do I get any Tax benefirt for this?

    Thanks,

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