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    amolhan's Avatar
    amolhan Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Feb 27, 2012, 05:00 PM
    Dual Status tax return
    Below is my Tax situation for the year 2010.
    I moved to USA with my wife on 07-Nov-2010 on L1-B work visa and my wife is not working in USA (she has SSN).
    I filed returns for 2010 as Non-Resident because I didn't pass the substantial presence test in 2010. I was in US for the complete year of 2011. Now I understood that there is an option to take a First year Choice where I can be treated like a resident for part of the year (07-Nov-2010 till 31-Dec-2010) because I have now passed substantial presence test in the year 2011.
    As I understand, I will be considered as a Dual Status resident for the year 2010 and my residency start date would be 07-Nov-2010.

    I have following questions:
    1) Can I amend my 2010 return now and make a first year choice (with a statement) and form 1040?
    2) As I understood I cannot take Standard Deduction as I will be treated like a Dual Status resident alien. Is this correct?
    3) Can I take an exemption for my wife along with my own exemption even while filing married filing separately.
    4) Other than 1040, 1040X and a statement for First Year Choice, what else I will have to file for this amendment?
    5) As I am filing for resident alien for part of year (7-Nov-2010 to 31Dec-2010), I need not show my foreign income as it is not connected with US in any way.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 28, 2012, 05:06 AM
    For 2010, you had three choices:
    1. File nonresident tax return,
    2. File dual status tax return, and
    3. File joint return as residents.
    For 1 and 2, you file separate tax return and do not get standard deduction. In all three choices, you can deduct moving expenses for both of you.
    amolhan's Avatar
    amolhan Posts: 7, Reputation: 1
    New Member
    		  
    #3

    Feb 29, 2012, 02:43 PM
    Thanks Mukta,

    But can I take exemption for my wife even though I will file as married filing separately ?
    amolhan's Avatar
    amolhan Posts: 7, Reputation: 1
    New Member
    		  
    #4

    Mar 1, 2012, 09:18 PM
    Atlanta Tax Expert : Any comments from you ?
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