[KWZ99]

My wife is a H1B and I am H4 we both pass the are considered US resident for tax proposal (we have more than 183 days)
For sure my wife has a SSN, but I also have a SSN (I worked in US many years ago)
My questions:
1- Can we file separated incoming taxes ?
Reason for this is I am receiving retirement incoming in an overseas country that does not has a tax treaty agreement with US. So, I do not to be double taxed since I am not using my retirement money in US.
2- During 2010 I wired to my wife (Western Union) US$1,000 should she inform this amount in her file ?

[AtlantaTaxExpert]

If you want to file as residents, filing Form 1040, 1040A or 1040EZ, then you MUST file jointly.

If you file separately, you would each have to file a dual-status return.

You do NOT have to include the wired income.

If you need professional help filing your return, email me at [email protected] or [email protected].

[KWZ99]

Dear, please help us to find the answers.

My wife is H1B, I am H4 and we have a 13ys son, H4 living with us all time.

Notes:
a. My wife and son were in US for 191 days in 2010.
b. I was in US for 168 days in 2010 and I am living with my wife and son.
c. We entered US Jun 2010 from Canada (we are permanent residents from Canada)
d. We are brazilian citzens
e. We had no incoming from Canada or Brazil during 2010

QUESTIONS

1- Can she take Child tax credit ?

2- Should we file tax joint or separadely ? Which one is better ?

3- Can we file electronically "on line" ?

4- Is my wife resident alien or dual-status 2010 ?

5- Which form should we use: 1040NR or 1040A ? Or both ?

6- Can we take EIC ?

[AtlantaTaxExpert]

1) Yes.

2) File jointly. If you file dual-status, you CANNOT claim the standard deduction. Filing jointly allows you to claim the $11,400 joint standard deduction.

3) Yes, if you all have either a SSN or ITIN.

4) If she files jointly with you, you both CHOOSE to be treated as resident aliens for 2010.

5) Filing jointly: 1040A. Filing dual-status: Form 1040 with Form 1040NR.

6) If the child has an ITIN, then you CANNOT claim the EIC. If the child has a SSN, then you CAN claim the EIC.

If you need professional help filing your return, email me at [email protected] or [email protected].

[KWZ99]

Great answers help me a lot

Thanks

[KWZ99]

Dear, just a clearification,

Can my wife (H1B) file as resident alien and I (H4) file as a dual-state ?

[AtlantaTaxExpert]

Glad to help!

[KWZ99]

Dear, just a clearification,

Can my wife (H1B) file as resident alien and I (H4) file as a dual-state ?
Or
We both need to file as dual-state

[AtlantaTaxExpert]

If you file separately, you BOTH file dual-status.

OR

You file jointly as residents.