[Khozem]

Hi,

I came to US (from India) on 27th Aug '07 on L1 status, without family (wife and kid).

Now my family (L2) is joining me in the month of march '08 and I'll be going back to India in April '08.

As I'm filing the tax first time in US, can someboby tell me what is my taxable status and how do I estimate tax that I need to pay.

Thank you,

- Khozem

[magicman2007]

If you are come to USA for the first time on 27th Aug '07 then you have to file as NRA (Non Residential Alien) using form 1040NR for Tax Year 2007.

[IntlTax]

Since you are married, you can also elect to file as a resident for 2007 (Form 1040NR) if you file a joint tax return with your wife.

[Khozem]

Thanks for your reply!
It means that I have to file as Non-Residentail Alien (Form 1040NR). But with what status - Do I file as “Single nonresident alien” or “Married nonresident alien” as your filing status or can I file with some other status, Which is more advantage for me. As I as mentioned before my wife and son will be accompany me in march '08 (she doesn't earn) and we'll together to back to india in April '08.

I know this sounds bit unmature, but I really don't know anything about filing in US taxes, as this is my first time... I would appriciate any bit of info!

Thank you!

[IntlTax]

My mistake above indicating that you would file jointly with Form 1040NR. I meant 1040. You cannot file jointly with Form 1040NR. If you file jointly with 1040, you would file as married filing jointly. If you file 1040NR, then you would choose "other married nonresident alien." To determine which approach is best for you depends on various factors, including the amount of income you earned within the U.S. and outside the U.S. and how much foreign tax you paid. Your simplest approach is to file 1040NR, but you may pay more tax if you do this.

[Khozem]

Thanks 'IntlTax' for the Clarification!

[AtlantaTaxExpert]

Noted!