Ask Experts Questions for FREE Help !
Ask
    surtax's Avatar
    surtax Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 9, 2007, 04:35 PM
    L2 with EAD what form to fill
    Hi ,
    I am on an L2 visa with EAD and worked in the US for all of 2006. My employer gave me a W-2. My husband is on L1 visa but gets his salary in India. There is no US income for him. What tax form do I use. 1040NR or 1040EZ 1040A 1040 . Can I use "married filing jointly " with 0 income for my husband . Do I have to declare his india income. His india income is about $20.000 . Please let me know soon as I'm going back to india soon and need to do my taxes . H R block or customer care for IRS have given different answers each time.
    I don't want to get into double taxation in india.

    Thanks in advance,
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 11, 2007, 09:53 AM
    How long has your husband been in the U.S. in 2006? If the entire year (like you), then his salary is subject to U.S. taxes. The source of the income is irrelevant, because those on L-1 visas who work in the U.S. longer than 183 days are taxed as resident aliens.

    You can avoid double taxation on his India income by filing Form 2555 to claim the Foreign Tax Exclusion or by filing Form 1116 to claim a Foreign Tax Credit.

    You cannot filing jointly and claim ZERO income for your husband, because residnet aliens must pay U.S. taxes on ALL of their world-wide income.

    If you need my professional services, please contact me at [email protected].
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!

How to fill out W-7 form to get ITIN by Polish Resident [ 11 Answers ]

Hi, My friend has been inhered a pension from her grandfather who died. She must fill out a W-7 form to get an ITIN from IRS. The main problem is a filling a reason (the top of first page). The IRS recently not accepted W-7 form and said : "You did not provide the exception you have met, your...

Which form to fill on OPT but approved H1 starting 2006 [ 9 Answers ]

Hi, I am a international student from India. I was working on OPT from Oct 01 2005 till end of year. I filled for my H1 on 18August2005 and it got approved sometime in Nov2005 with the start date for H1 as 12 Feb 2006. Now which form do I need to fill?? Can I still fill the 1040NR-EZ and take both...

Dual status. What to fill in form 1040 NR [ 1 Answers ]

Dear AtlantaTaxExpert, I was on F1 for 2001 and mid 2002 for the duration of my MBA. Left the US by mid 2002. Moved to Europe and worked there for 2003, 2004 and the first three months of 2005. -In April 2005 I quit my job and came to the US on holidays for 45 days. Left the US for a couple of...

What form should I fill out while I am working under OPT? [ 3 Answers ]

Hi, I came to USA for my Master degree in 2003 Aug as a F-1 student. Now, I am working in NJ under OPT. Any body can kindly tell what form I should fill out regard tax? Following is the information about me. - came to USA for study on 2003 Aug (F1 visa) - single - no depedant - no mortgage...

H1b + ead [ 0 Answers ]

Hi! I have both an EAD as well as H1B. I'm right now on the H1B and haven't started using my EAD as yet. My H1B is not stamped onto my passport either since I need to travel to India for doing that. Next month I'm planning to visit Singapore so that I can pick up my mother who is travelling alone...

View more questions Search