Ask Experts Questions for FREE Help !
Ask
    maxam's Avatar
    maxam Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 9, 2009, 12:08 PM
    Non Resident or Redident Alien
    I am in usa on L1a visa since July 20th 2008.
    I am married and have kid. I am from India.

    I have question about tax filing and residency status

    I have less than 183 day in 2008 but I will stay in usa in 2009.

    What will the best approach to file tax for me?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 9, 2009, 08:30 PM

    You can file resident tax return as Married Filing Jointly.
    You will have to wait to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

    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).
    Read about L1 tax filing: Your U.S. Tax Return: The U.S. Visas
    maxam's Avatar
    maxam Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 10, 2009, 09:19 AM

    Thanks MukatA.. So I have to file an extension.
    Now the question is that I have to wait full 183 days in 2009 or there is any other calculation.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 11, 2009, 06:13 AM

    You complete SPT in 2009 in 183 days minus 1/3 of days in 2008. Read Your U.S. Tax Return: Substantial Presence Test
    maxam's Avatar
    maxam Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Mar 11, 2009, 02:09 PM

    Thanks Again..

    Is this called First Year Choice?

    Because IRS says in a note that

    "You do not have to be married to make this choice."

    Publication 519 (2007), U.S. Tax Guide for Aliens
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    May 4, 2009, 02:17 PM
    This is the Married Filing Jointly option under irst Year Choice, which DOES require that you be married.

    First Year Choice by single persons allows the single person to file as a dual-status alien, not as a resident alien.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #7

    Jun 13, 2009, 07:41 PM

    You are essentially making two elections -- first year choice to be treated as a resident and a joint return election so that you and your wife are treated as residents for the entire year.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Resident Alien (presence test) or Non-Resident Alien? [ 2 Answers ]

Hi, I came to the US on an F1 visa in December 7 2007. I did not start any work until December 2008. Do I qualify to file as Resident Alien (presence test) or Non-resident alien since I lived in the US for the whole of 2008? I did not know I had to file for 2007, so is there any penalty in...

I was non-resident alien in 2007, but resident alien in 2008. Stimulus payment? [ 6 Answers ]

I was non-resident alien and filed 1040NR in 2007, but I was resident alien in 2008 and am filing 1040-EZ with Turbo tax. I am also seeing that, on the instructions for form 1040, it says: "This credit is figured in the same manner as the economic stimulus payment you may have received in...

Status changed from resident alien to non-resident alien [ 1 Answers ]

I was under F1 from Aug 2002-May2007, OPT from June 2007 to Sep 2007 and now on H1-B from Oct 2007. I am married and my wife's status changed from F2 to H4. My questions are, 1. Am I considered as a dual-status(resident alien from Jan to Sep and non-resident alien from Oct to Dec)? 2. Which...

1040NR -> 1040: Non-resident Alien to Resident Alien? [ 1 Answers ]

I've heard a rumor that after 5 years of being an international student filling out 1040NRs, you are supposed to start filling out a 1040 instead of a 1040NR. I've been in the States since 2001 (F-1 undergrad, then 1 year of F-1 OPT, and now with a new F-1 for grad school), 6 years so far and...

View more questions Search