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    Jalpa1016's Avatar
    Jalpa1016 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 21, 2009, 12:21 PM
    Husband & wife on OPT to H1
    I was on OPT status from Feb 2008 to Sept 2008 and on H-1 from Oct1 -12/31.My wife was also on OPT and became a H-1 on Oct 1. We both work for the same company from Fen -Dec while on OPT and H-1.

    I know that we both have to file 1040 and then 1040NR as a statement. My questions are:-
    (1) Do we need to file as married filing separate or single?
    (2) On 1040NR -Can we each file as Single and each take the 5450 (standard deductions for India treaty) and one exempltion before calculating NR taxes?
    (3) When we file 1040 -Can we file each as Married Filing Separate -Are we allowed to take the standard deduction and exemptions again?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 22, 2009, 06:05 PM

    "I know that we both have to file 1040 and then 1040NR as a statement."
    What ever you know is WRONG.

    You have two choices:
    1. Both of you can file separate returns as nonresidents. Or

    2. You can file joint return as residents. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test in 2009.
    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

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