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    yldeng's Avatar
    yldeng Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 7, 2007, 10:36 PM
    Tax Report for H4 holder
    Hi,

    I started to work as H1-B holder in US from 2000 and I got married in October of last year. She arrived in US on December 7th, 2006. I know she were in US less than 31 days last year. I have the following questions:

    1. What kind of status I should file our tax report? Should I file resident-alien (Form 1040) or Dual-Tax Return (Form 1040 with Form 1040NR attached)?

    2. Should we file a joint tax report?

    3. What exemption should I be applied?

    4. Can I claim for my wife's travel expenditure? (just plane ticket)

    Thanks a lot.



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

    Feb 8, 2007, 12:42 AM
    1-3) File jointly. She is filing as the non-resident spouse of a resident alien (you). Her physical location is irrelevant.

    4) No. You were NOT married when you originally moved, so her joining you is NOT a valid moving expense.
    yldeng's Avatar
    yldeng Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Feb 9, 2007, 08:40 AM
    Thanks a lot. Your answer is really helpful. But I have another question:

    I have capital losses and I have to file Schedule D to claim these losses. What can I do? Can I file Form 1040EZ or I have to file Form 1040 with W 7? You help will be extremely appreciated.

    Charles
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 10, 2007, 10:29 PM
    Charles:

    To file Schedule D, you MUST file Form 1040.

    The Form W-7 can be filed with any return to request an ITIN for your wife.
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