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    joe.pune's Avatar
    joe.pune Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Mar 26, 2012, 11:12 AM
    L1 - Less than 183 days. What's the best way to file taxes?
    Hi,
    I came to US in July 2011 and my wife joined me in August 2011.
    I came on L1 and was working since July. My wife started working in November.
    Since I do not pass the substantial presence test, I would be a non resident for the tax purpose and hence would have to file 1040NR or 1040NR-EZ forms.
    Scenario A:
    In this case we would not be able to file married filing jointly.
    Hence if we file as Married filing separate:
    We cannot claim standard deductions.
    Exemptions... I can claim one only. Or can both os us claim an exemption each?

    Scenario B: If I file for an extension, and once I pass the substantial presence test say in June, I would be filing married filing jointly as a resident.
    In this case - I would be able to have standard deductions / multiple exemptions / lower tax slabs.

    Was wondering whether Scenario B would be right for me OR I am missing out on some information?

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

    Apr 23, 2012, 08:49 AM
    Joe:

    The ONLY way to know for sure is to model the return BOTH ways and compare results.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there if you cannot see it on this page.
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