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    amitmk's Avatar
    amitmk Posts: 1, Reputation: 1
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    #1

    Jun 22, 2010, 12:02 AM
    Query on us income tax
    Hi,
    I am here in US for only 5 months. My status of on W4 form is single as my wife is not in US currently.
    1)Do I need to pay income tax?
    2)If my wife comes to US after 2 months for a period of 3 months, will I need to change status to married in W4 form?
    3)While filing tax returns, if I file as married jointly, will I get tax refund for that period also when my wife was not in US?
    4)If I donot change the status in W4 to married, can I still file returns as married jointly?

    TIA,

    Regards,
    Amitmk
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 22, 2010, 08:36 AM
    Amitmk:

    Since you completed a Form W-4, that indicates that the income is U.S.-sourced and thus subject to U.S. and state income taxes.

    However, because the duration of your stay was less than one year, you can claim your travel expenses and daily living expenses (rent, utilities, local transportation, food and incidental costs) on Form 2106, which will be filed with Form 1040NR.

    Do NOT change your W-4; you cannot claim your wife on your Form 1040NR.

    The duration of your stay makes filing jointly impossible.
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