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jigneshvyas · Feb 12, 2008, 03:10 PM

Hi,
I am on L1 Visa in US since May 2007. My Wife (non working ) is on L2 Visa since Oct 2007.
1. I have recevied my W2 Form from my employer. When I am filing tax Which form should I fill 1040 ? Or 1040 EZ?
2. My wife doesn't have SSN. Is she eligible for SSN ?
3. Should I Apply ITIN or SSN for my wife, since this is required for tax purpose.
4. Fed Tax refund amount mentioned in W2 is the amount I will be getting back or there will be deductions to it?

Please help.
Thanks in Advance.
Jignesh Vyas

MukatA · Feb 12, 2008, 05:39 PM

You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,700 and exemptions for both of you and the kids. You can also deduct moving expenses. Use form 3903.

You must both declare your worldwide income for 2007. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.
You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. (Mukat A.)

jigneshvyas · Feb 13, 2008, 05:36 PM

Thanks MukatA very much for the answere.
Since my wife is non working can I claim her as dependent while filing Tax return.
Also Fed Tax refund amt mentioned in W2 is getting reduced when I Filled 1040EZ, does it happens so or I am doing something wrong ?

MukatA · Feb 13, 2008, 06:26 PM

Originally Posted by jigneshvyas

Thanks MukatA very much for the answere.
Since my wife is non working can I claim her as dependent while filing Tax return. ?
Also Fed Tax refund amt mentioned in W2 is getting reduced when i Filled 1040EZ, does it happens so or i am doing something wrong ?

Why do you want to file a separate tax return and claim deduction for your wife? Why don't you want to file resident tax return as Married Filing Jointly and also claim deductions for kids?

jigneshvyas · Feb 13, 2008, 06:32 PM

Thanks again MukatA for the quick response... I appreicate.
I don't have Kids and my Wife is US since Nov'07 and she is non working.
So I had a query that can non-working wife be shown a dependent while filing 1040EZ.
Is there differnece in Standards deductions amt in form 1040 and form 1040EZ

Thanks,
Jignesh Vyas

MukatA · Feb 13, 2008, 06:39 PM

It does not matter if your wife had any income or not.

If you don't want to file as Married Filing Jointly, you can't file a resident tax return. You are nonresident in the beginning of the year and resident at the end of the year, so you are Dual status resident. You won't get even your own standard deduction and any exemption for spouse.