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    PRsep28's Avatar
    PRsep28 Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Jun 13, 2009, 08:46 PM
    Filing late Tax returns- Completion of SPT
    Hi,

    Please clarify the below question regarding the tax return for the year 2008- 2009.
    We have filled a tax extension during Apr 2009.

    My husband is in H1 Visa. List of his statuses:

    Aug 2005- Nov 2007 - F1 Student
    Nov 2007- Oct 2008 -OPT
    OCT 2008- H1 Got activated.
    Got married in Oct 2008 and I came to US in H4 Dependent visa (Not Working) in Dec 2008
    By Apr 15, 2009 we haven't not completed the Substantial presence test and have been advised by our friends to wait until we satisfy SPT this year. Is my understanding correct?
    Will this enable us to file married filing jointly so that we get std deduction for me as well?

    If so please let me know when will we be completing the SPT this year? I have a confusion in considering the financial year. Should I consider the start of this year as 15 APR 2009 or 01 Jan 2009.
    Thanks in advance.

    If Jan 2009 is considered as start of the year I believe we can apply it next month right?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jun 15, 2009, 12:15 AM

    Now you can file 2008 resident tax return as married filing jointly. You must both report your worldwide income for 2008.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jun 15, 2009, 09:09 AM
    Your husband met the Substantial Presence Test on 1 June 2009, so you can file your return NOW, along with Form W-7 to get you an ITIN.

    If you want professional help to do this, contact me at [email protected].
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