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

    Mar 2, 2008, 12:53 PM
    I am on h1 less than 183 days wife in india need to fill 1040nr
    Hi Experts,
    I was in usa from aug07 to dec07 on H1and duration was less than 183 days. During this period my wife was in india and not earning. She has H4 but not entered in usa as f now.
    How should I file my returns for 2007.
    What will be my status for filing Nonresident filing saperately?
    Do I need to fill 1040NR?
    Or I need to fill some other form?



    Regards
    Hemant
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 2, 2008, 01:13 PM
    Choice 1: You can file resident tax return as Married Filing Jointly. You will have to till about last week of April 2008 to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2008.
    You will get standard deduction of $10,700 and exemptions for both of you. You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.

    If you decide to file as Married Filing Jointly as First Year Choice, you must attach a statement signed by both of you to your return stating that you qualify to file as residents as First Year Choice and that you EXPLICITLY CHOOSE to file this way.

    Choice 2: File a nonresident tax return. You will only get your exemption of $3,400 and itemized deductions.
    hemantgadhari's Avatar
    hemantgadhari Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 2, 2008, 01:50 PM
    Quote Originally Posted by MukatA
    Choice 1: You can file resident tax return as Married Filing Jointly. You will have to till about last week of April 2008 to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2008.
    You will get standard deduction of $10,700 and exemptions for both of you. You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.

    If you decide to file as Married Filing Jointly as First Year Choice, you must attach a statement signed by both of you to your return stating that you qualify to file as residents as First Year Choice and that you EXPLICITLY CHOOSE to file this way.

    Choice 2: File a nonresident tax return. You will only get your exemption of $3,400 and itemized deductions.
    Hi there,
    Thanks for reply but still my querries are not clear..
    Like
    Do I need to fill 1040NR ?
    Shall I file returns with status as MARRIED but filing saperately.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 3, 2008, 12:25 AM
    Please read my answer again.
    If you go for choice 1 you will file Form 1040 (for residents) and married filing jointly.

    If you go for choice 2, you will file 1040NR or 1040NR (for nonresidents). On nonresident return you don't get exemption for your wife so it is Married Filing Separately.
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