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    vidyar15's Avatar
    vidyar15 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 17, 2010, 02:38 AM
    L1 now in India filing income tax return in US
    Hi,

    I was in US for 3 months on L1 from Jan 28, 2009 to May 1, 2009. My husband was also in US for 5 months on L1 from Nov 20, 2008 to Apr 2, 2009. We have received W-2 from our employer and would like to file the returns jointly. Our employer is in Ohio State, but we were working in Chicago, IL. Our tax deductions have gone to Ohio. My question is
    1. Do we have to file the Ohio state returns? (or the place where we worked i.e. Illinois)
    2. We are back in India, which form should we use to file the returns? (Is it Non-resident Alien)

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

    Feb 17, 2010, 07:37 PM

    You can not file joint return as residents as non of you have completed residency test.
    Both of you will file separate returns as nonresidents Form 1040NR or 1040NR-EZ. It can not be efiled. Must be paper return.
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