Ask Experts Questions for FREE Help !
Ask
    asif_barc's Avatar
    asif_barc Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 4, 2008, 08:31 PM
    H1 tax file with dual status
    Hi!

    Here's my situation,

    I am on H1B and my wife is on H4 and we entered the country on Sep 24, 2007 and Oct 29, 2007 respectively. My current and previous stays in US has been as below,
    2007 (Sep 24 to Dec 31) = 99 days
    2006 (Jan 01 to Apr 14 and Oct 02 to Oct 22) = 124 days
    2005 (Jan 08 to Dec 31) = 357 days
    Substantial presence test = 99 + 1/3*124 + 1/6*357 = 199 days

    Going by above data which indicates I have been in the country for more than 183 days do I qualify as resident for tax purposes? And, should I be filing resident joint return with my wife to maximize standard deductions?

    Also, how do I incorporate my income in India for rest of the financial year in 2007 (Jan to Sep) and the taxes which I have already paid?

    Would appreciate any help.

    -Asif
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 5, 2008, 04:43 AM
    Yes, you can file as residents Married Filing Jointly. In 2007 you must file joint return and declare your (both of you) worldwide income for 2007.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 6, 2008, 02:03 PM
    Agreed, but you MUST file jointly to file as resident aliens.

    If you file by yourself, you must file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Dual Tax status [ 4 Answers ]

I was on OPT from Jan 1st 2007 to May 21st 2007 and from May 22nd onwards I moved to H1B with the same employer. My employer informs me that I will be on dual status- How does that work? I understand that I pass the substantial presence test of 183 days and will have to file as resident alien- but...

Dual-Status Tax Preparation [ 5 Answers ]

Hello, I arrived in US on October 24, 2004 on a J-1 visa as a visiting researcher. It is a treaty between my country and US and because of this I was tax exempt for 2 years. Starting with January 1, 2006 I've started paying Social Security and Medicare (~7.65% of my salary). Starting...

What Status should I file tax since my status changed from F1 to H1 from Oct 23 2006! [ 1 Answers ]

Hello, I have the following questions about filing for taxes for the yr 2006. 1. Since my visa status changed from F1 to H1 on oct 23rd 2006, what status should I file the taxes as & which form should I use? Till now I have used 1040nr ez! FYI : I am frm India, I have not left US from...

Dual Status? What to file after H1B expired in '06 [ 1 Answers ]

I returned home from Boston, MA to Ireland on May 10th 2006. My H1B visa of 6 years had expired. I had filed my Federal & State taxes for the previous 5 years online. My questions are: 1) What forms do I need to file for federal tax return? 2) Is there any software I can use to do this online?...

Regarding Dual Status and Tax Forms... [ 3 Answers ]

Excellent forum guys! Appreciate all the hard work you guys are doing to help people. I was wondering if you could do me a favor by answering my queries too. Nationality: Indian Came to US: Aug 2003 (F-1 visa) Trip to India: late Dec 2004 - early Feb 2005 Reentry to US: early Feb 2005 (same...

View more questions Search