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    pavani2021's Avatar
    pavani2021 Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Apr 5, 2017, 09:35 PM
    How to file tax on opt with dependents on F1 Visa.(non-alien)
    Hi , I am from india, currently on OPT in US, and my husband is on F2 visa. How can I file my taxes showing husband as dependent. I started working in Dec 16' . Should I file as jointly, or separately. Please advice.

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

    Apr 5, 2017, 09:45 PM
    Pavani,

    Filing jointly is NOT an option filing as a non-resident alien. However, under Article 21(1) of the U.S.-India Tax Treaty, you CAN claim the $6,300 standard deduction and you CAN claim your husband as a dependent, but that will require that he apply for an Individual Tax Identification Number (ITIN), which must be submitted with your Form 1040NR.

    If you need professional help with this, you can contact me at the email address in my profile.
    pavani2021's Avatar
    pavani2021 Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Apr 5, 2017, 09:53 PM
    I have a doubt, while my opt started in dec16' , my federal and other taxes are very minimal as I worked for 15days before 31DEC.. Still am I eligible for the standard deduction ?

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

    Apr 5, 2017, 10:01 PM
    Yes. That is driven by the treaty, NOT how much you earned.
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