[KWZ99]

My wife is a H1B, I am H4 (we have a son 13y H4) we entered US Jun 2010 (so, we meet SPT)


My questions:

1- Should I (as H4) be considered US resident or allien resident ?

2- Should we file separated incoming taxes or jointed ? 1040EZ or 1040A or 1040NR

3- During 2010 I wired $30,000 from my personal bank account overseas to my personal bank account in US.
How to report this to IRS ?
Should I fill form 3520 or TD F 90-22.1 or both ?
Should I attach 3520 or TD F 90-22.1 to our 2010 incoming tax or send it later ?

Please help me to understand this ASAP

[taxesforaliens]

Technically, you are a dual status alien.
If you file separately, you would be a non-resident alien up to the day you arrived in the US and a resident alien afterwards. You would not have to report non-US source income for the first part.
If you file joinlty, you need to choose to treat you both as resident aliens. Your worldwide income becomes reportable (but you could exclude a certain amount on form 2555 or take a credit for foreign paid taxes on form 1116).
Depending of course on your foreign income, filing jointly is almost always better as you get a higher standard deduction and a lower tax rate.

Form 3520 does not apply ,as this was your money form you bank account.
You file form TD-90-22.1 by June 30 to the US Treasury independent of your tax return if the sum of your foreign accounts is more than $10,000 (the highest amount during the year would count for this)

[KWZ99]

Thank you very much. Excellent answers.

I am considering reporting as a non-resident alien 2010 (form 1040NR)
My only US incoming is form 1099-INT (total interest incoming $ 82.81)
Is this 1040NR the correct one ?

My wife is going to report as a resident alien (form 1040A).
Is the 1040A the correct one for her?

Another information
There is no tax treaty agreement by the way my country (Brazil) and US.
The sum of your foreign accounts is a much higher than $10,000 (but I am not planning to transfer it to US)

Another question:

1- I received a form 1099-INT (total interest incoming $ 82.81)
Should I report this small value in the form 1040NR line 9a ?
or How to report such small amount ?
Should a non-resident alien report 1099-INT ?

I really appreciate your great help

[taxesforaliens]

You can not file as a non-resident alien for the entire year.
You are a dual status alien and need to file as such. If you file jointly, you file as resident alien for the entire year.
If you file as dual status alien, you report the 1099-INT if the income is from the time you were a resident, if you file jointly ,you report it in any case.

[KWZ99]

Thank you very much Taxesforaliens,

By taking the SPT, I have been in US a total 168 days during 2010, zero days 2009, 2008, etc). This means I do not pass the SPT neither GC test.
I just have a total income 1099-INT ($82.81) in US and saving banking account (my severance) in my own country.
Should I be considered a dual-status alien or non-resindent status for incoming taxes 2010 ?
Which form should I use ?

[taxesforaliens]

You stated in your question:
"My wife is a H1B, I am H4 (we have a son 13y H4) we entered US Jun 2010 (so, we meet SPT)"
So which is it?
If you do not meet the SPT, you are a non-resident alien and need to file a 1040NR or 1040NR-EZ.
Interest income from savings accounts for non-resident aliens is not taxable.

[KWZ99]

Thank you Taxesforaliens,
Yes my wife is H1B, I am H4 (we hv a son 13y, H4).
We entered US coming for Canada (we are permanent residents from Canada and Brazilian citizens).
From jan 1, 2010 till Jun 2010 we lived in Canada (no incoming during 2010 in Canada).
From Oct 2010 to Nov 2010 I stayed in Brazil and my wife continue at her job working in USA.
That is reason I stayed in US 168 days and my wife 191 days during 2010.
I really would like to know your good suggestions:
Should we send a joint file or should we file separate ?
Can we file electronic (by email) ?
Is she a dual status or a resident alien ?
Best regards