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    taku1979's Avatar
    taku1979 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 10, 2008, 12:02 PM
    Tell me about Filing status
    Hi

    I came to USA in last September with my wife. I am a J1 visa holder and my wife is J2.
    My wife doesn't work and doesn't have ITIN yet.
    I want to ask which status we shold file. Can we file jointly? If yes, How sholud I fill my wife's SSN?

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

    Jan 10, 2008, 12:17 PM
    Your J-1 visa status prevents you from filing jointly, as you are considered to be non-resident aliens.

    You MAY be able to claim your wife as a dependent, in which case you would file Form 1040NR and submit Form W-7 to apply for an Individual Tax Identification Number (ITIN) for your wife.

    I REALLY need to know from which country you came to give further guidance.
    taku1979's Avatar
    taku1979 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 10, 2008, 12:36 PM
    Thank you for your reply.
    I am from Japan.

    Which status I can file? Single or Head of household?
    Visa Taxes Expert's Avatar
    Visa Taxes Expert Posts: 40, Reputation: 1
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    #4

    Jan 10, 2008, 01:30 PM
    Hello

    You have to file Single. You can get Tax Treaty benefits for Japan.

    Hope this helps!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Jan 10, 2008, 02:08 PM
    Taku:

    What is the nature of your visit?

    Are you a visiting professor or researcher? If so, you can be exempt from all taxes if your visit does not exceed 2 years.

    Are you a student? If so, you can only claim yourself while filing as a non-resident alien.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Jan 11, 2008, 08:37 PM
    Normally on a nonresident return the filing status is Single if the spouse is nonresident. Also Janpan U.S. tax treaty does not cover this topic that is deduction for spouse is not allowed.

    So taku1979 will get personal exemption and any other deduction as per the treaty. Also if he is a teacher or researcher from Japan, this income is tax free for 2 years.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    Jan 11, 2008, 09:57 PM
    Agreed.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #8

    Jan 12, 2008, 03:02 PM
    I don't agree. The appropriate filing status is married filing separately.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #9

    Jan 12, 2008, 05:31 PM
    Actually, he should file NRA Married, which uses Married Filing Separately tax rates.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #10

    Jan 12, 2008, 09:56 PM
    Right, those are equivalent terms but the filing status is definitely not single, which is how the OP was advised to file.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #11

    Jan 13, 2008, 10:51 AM
    Agreed!
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