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easylifeTX · Mar 21, 2007, 04:05 PM

I read some instructions, but I am still confused:confused: . Please help me!
My husband has been in US with H1b since Aug 29th,2005. He changed to another job in the same state (Texas) at Aug 2006. I came to US with H4 on July 11th,2006, and I just stay home without any income. It seems like my husband should be resident alien, and we want to file jointly. We do not have other deductions. Based on tax treaty article, we can exempt all my husband's wages. Here are my questions:
1. Do I must file tax return?
2. Which form is better for us? 1040NR, 1040, 1040A or others? 1040NR seems more easy.
3. I must file w7, and send it along with tax return form. But as I know, it will take 4-6 weeks to receive ITIN, so does that mean we will get refund after I get my ITIN?

I preciate any information!
Amy

taxsearcher · Mar 21, 2007, 04:53 PM

Your husband is definitely a resident alien. Most likely the best outcome would be for you to file a joint return (you will need to include your foreign income too).

Without more information, I cannot tell whether the Treaty benefits are applicable in your case.

easylifeTX · Mar 21, 2007, 08:01 PM

Thanks a lot, taxsearcher!Maybe our situation is simple for the expert like you, but it is not for me because I never filed tax return before, and my husband is too busy to help me. So many long instructions really confused me!
I do not have any foreign income.
We are from China and my husband is doing research in the University. US-China income tax convention Article 19 can apply to my husband. I am sure we need file 8833. We do not have other deductable items except moving (280 miles away because of changing work, form 3903).
Does resident alien must file 1040 or 1040A instead of 1040NR? I have finished a 1040NR, and I feel it is pretty simple for me.
My husband has a w2 from first job place and 1042-s from the present job place, one or two form do I need to file?
Thank you very much?

taxsearcher · Mar 21, 2007, 08:12 PM

Yes, the China treaty would apply, for the three year period. You are all set then. Just file the appropriate return and paperwork. Contact me if you need professional help. Good luck with it all. You'll enjoy Texas.

easylifeTX · Mar 21, 2007, 08:19 PM

Thank you very much for your instant response, taxsearcher!:) Maybe our situation is simple for the expert like you, but it is not for me because I never filed tax return before, and my husband is too busy to help me. So many long instructions really confused me!
We do not have other deductable items except moving (280 miles away because of changing work, form 3903).
Does resident alien must file 1040 or 1040A instead of 1040NR? I have finished a 1040NR, and I feel it is pretty simple for me.
My husband has a w2 from first job place and 1042-s from the present job place, one or two form do I need to file?
Thanks again for your time and help!

taxsearcher · Mar 21, 2007, 08:47 PM

Hard to tell the best thing without knowing all the details and knowing your foreign income situation... however, it would most likely be best for you to elect to file with your husband and file a 1040 under married filing jointly status.

The treaty should apply for the first 3 years.

AtlantaTaxExpert · Mar 23, 2007, 10:49 AM

I concede to TaxSearcher's expertise for all Texas residents! :-)