[sidsandhu]

Hi,

I have few questions with regards to my income tax calculations. I am working for Indian based IT company.

B1 = Oct-2010 to Dec-2010 (alone)
H1-B = Sep-2011 to till date (staying with wife and son).

Now, my employer is deducting state and federal taxes in full considering me single. When I filled my w4 form, my employer told me that I fall under 183 days and hence need to fill in as single with no exemption... but told that I shall be getting refund.

Now question is :
1. When & how can I file refund for my tax which I paying in full ?
2. Soembody told me to apply for ITIN #, do I need to apply for wife or for son also ?
3. Where can I get procedural info to proceed with ?

Thanks,
Sid.

[AtlantaTaxExpert]

If you stay in the U.S. beyond May 2012, you can file jointly with your wife and you BOTH choose to be treated as residents for all of 2011. That will allow you to claim your child as a dependent.

You have to claim ALL world-wide income for 2011, but you can claim the Foreign Tax Credit (Form 1116) to mitigate the extra tax.

Email me at [email protected] if you want professional help filing your 2011 return.