Check out some similar questions!

somar143 · Mar 3, 2010, 06:58 PM

Hi,

I am on L1B visa and entered US on 28th March 2009 but my wife and 5 year kid entered us on 4th July 2009. So this financial year my wife and kid completed 181 days. Is there any way I can file the joint tax and get tax benefit of Resident Alien?

If it is not possible to get benefit of Resident Aliens then what are other tax rebate that I can claim considering I am married with my wife on L2 and we have 5 year old kid.

Thanks

AtlantaTaxExpert · Apr 27, 2010, 01:32 PM

You can file jointly with your wife and you both CHOOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife) PLUS a $3,650 personal exemption for your child and the $1,000 Child Tax Credit.
To apply for an ITIN, you need to complete Form W-7 for your wife and child. You need to make a photocopy of their passports, then get the photocopy notarized. This can be done at your local bank in most states in the U.S.

The downside is that you must declare ALL 2009 world-wide income (your and your wife's home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file.