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

    Jun 12, 2010, 11:59 AM
    Dual Status - Left US in July
    Hi,

    I lived in US for a period of 2.5 years on H1B visa from Dec 2006 to July 2009. For the years 2007 and 2008, I filed taxes as a resident alien. I also got married in Feb 2009. My wife joined me for a period of 79 days from March to May 2009. She left for India in May 2009 and I left for India in July 2009.

    My understanding is that:

    1. I need to file dual status return as I clear the SPT and also departed from US. For the period Jan 2009 to July 2009, I will be considered a resident alien and for the period Aug 2009 - Dec 2009, I will be considered a non-resident alien. Am I correct?

    2. I will be filing taxes as married filling separately as both of us were earning in India after leaving US and I do not wish to include the Indian salary in US taxes. Considering my preference, I do not believe that married filling jointly is an option. Am I correct?

    3. I need to file 1040NR as "dual status return" and 1040 as "dual status statement". Since, I did not earn anything linked to US as income after leaving US, the 1040NR will just contain lot of zeros. However, 1040 will contain the usual W2 data, interest income etc as part of the taxes. Am I correct?

    4. I can not claim my wife as a dependent as I am filling return separately. She does not have any US sourced income during the period of 2009. I am not very sure about this. Please confirm.

    5. Since my wife does not have a SSN / ITIN, I need to attach W7 form along with my tax returns. I am not required to file my wife's return separately as she does not have any US sourced income. Please confirm.

    Please help by responding to the above questions.

    Thanks,
    Rajnish
    rajnish.srivastava's Avatar
    rajnish.srivastava Posts: 3, Reputation: 1
    New Member
    		  
    #2

    Jun 13, 2010, 08:29 PM

    I now understand that assumption # 3 is wrong.. 1040NR will not contain bunch of 0s but it is actually the main return. 1040 is just a statement which reflects earnings and taxes during the time I was resident. Can somebody answer the rest of the questions?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jun 15, 2010, 03:14 PM
    1) Correct.

    2) Correct.

    4) You CAN claim your wife as a dependent on the dual-status return if she has NO U.S.-sourced income.

    5) The W-7 is required to get an ITIN for your wife so you can claim her as a dependent.
    rajnish.srivastava's Avatar
    rajnish.srivastava Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Jun 17, 2010, 01:04 AM

    Thanks ATE!

    Just one more question: What should I mention the reason for submitting the W7?

    a. Dependent of U.S. citizen/resident alien
    b. Dependent/spouse of a nonresident alien holding a U.S. visa
    c. Other

    Thanks again for your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Jun 17, 2010, 10:45 AM
    Select b
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!

I am I j-status from may 2008 ,I start earning mony last July 2009,so first: [ 1 Answers ]

I am I j-status from may 2008 ,I start earning mony last July 2009,so first: Am I resisdent allien for 2009 taxes? I am married (non resident allien) how should I file :married or single ? Thanks

Left USA : Dual status return? [ 1 Answers ]

Hi experts, I read Pub 519 and read posts on this forum on dual status vs Non-Residential(NR) return Still the issue confuses me. I worked in the US on H1B from oct 2006 till Oct end 2007 ( I was on F1 before that) and left for India permanently I have no US related income for my...

H1B / H4 , filing status , dual status [ 1 Answers ]

I am an Indian Citizen who entered US along with my spouse for the first time on 30 March 2007 on H1-B Visa. Since then, I have not changed my visa status to any other visa and I have not travelled outside US. My spouse is on H4 visa. I have the following questions: 1. Am I dual status...

Left USA in 2006 - some dual status return questions [ 2 Answers ]

My income was simple - single employer while I lived there, and then I cashed out a small deferred-compensation account after I left. So, I am trying to do this return on my own to save some money, since I don't have itemized deductions. 1. I still have not received my Form 1042-S from the...

Dual Status Return & Dual Status Statement [ 3 Answers ]

Hi ATE: Just curious, which amount will be refunded to us if we file 1040 as Dual Status Statement & 1040NR as Dual Status Return? Or the total of both? Best, Jesslyn

View more questions Search