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    Le One's Avatar
    Le One Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 25, 2010, 10:39 AM
    Dual-status or resident alien tax return better?
    I am reposting this question since I didn't get any answers the first time.

    I am getting ready to prepare our 2009 tax returns and am not sure what to do. I am a US citizen. My husband is a permanent resident. He arrived in the US from Italy in February 2009 on a K-1 visa. We married in March and he got his green card in July 2009. My husband worked in Italy through January 2009 and continued to receive compensation from his Italian employer through May 2009. He paid Italian taxes on this money. My husband also worked in the US during 2009 and had US taxes withheld from his paychecks.
    I am not sure if it would be more beneficial to have him file as a dual-status alien or as a resident alien. I'm thinking resident alien will be best, but am not sure.
    Any help would be appreciated!
    Thanks,
    Tara
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 8, 2010, 02:33 PM
    Tara:

    More than likely, filing jointly with your husband choosing to be treated as a resident alien is the best way to file tax-wise.

    However, your tax consultant should model both ways (the other option is for him to file as a dual-status alien) to be sure. The critical issue is HOW MUCH income was earned prior to his arrival in the U.S.

    If you want professional help, email me at [email protected].

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