[Laxman99]

Hi

I was in US in 2006 for eight months . I am married and one child. My wife and daughter are not with me and they are in India. Again I came to US in November 2007 with family and still continuing here on H1B (my wife and child with H4). For 2006 I have received form W2 from my employer.

I would like to file my 2006 return to claim my refund. I need your help on the following questions.

1) Which form or forms I need to file?
2) Which filing status I need to select?
3)Can I add my child as dependent even my child is not with me in US?
4) If I include my child as dependent, shall I need to file W7 for my child?
5) Can I get the refund of state tax?

Thanks
Laxman

[MukatA]

You are required to file 2006 and 2007 tax returns. You mus file the returns. We need more information:
In 2006 when did you enter the U.S. and left the U.S. and type of visa?

If appears that for 2006, you will file nonresident tax return and will get only your own exemption of $3300.

[Laxman99]

Hi Mukat,

Thanks for your reply.

In 2006 I was in US from 01/05/2006 to 05/10/2006 on L1 Visa. During this period I got only allowance, so not in pay roll. Again I came to US on 09/10/2006 to 01/25/2007 on L1. During this period I was in pay roll and I got salary.

Now I am in US from 11/03/2007 with family, me with H1, wife and kids with H4. I believe I am a resident alien for 2006, since I am here for more than 183 days in 2006.

I heard that I can claim both my wife and kids as excemption, even if they are not with me in US?

Thanks
Laxman

[MukatA]

1. About 2006. Did you receive W2 for 2006 income? Are the allowances paid during 01/05/06 to 05/10/06 reported on W2? If not, who paid you the allowances, and why were they not reported?
You have met 183 days test in 2006. It may be possible that you can file resident tax return for 2006 as Married Filing Jointly and even get deduction for your kids. You must both report your worldwide income for 2006.

It appears that you need professional help. You may contact AtlantaTaxExpert.