Ask Experts Questions for FREE Help !
Ask
    sundarj6666in's Avatar
    sundarj6666in Posts: 13, Reputation: 1
    New Member
    		  
    #1

    Feb 18, 2008, 07:29 AM
    Resident or Non Resident- Which form to file?
    1)Indian Passport. I am with L1A visa. Entered US on 26th August 2007 and have an SSN
    2)My wife hold L2 visa but not accompanied by me and never visited US. She does not have an SSN/ITIN.
    3) My stay at US is undecided: If the project for which I am slated is starting, I will be in US for an year. If not, I have to return to India, by Feb End 2008/ March start 2008. As on date, my stay in US in uncertain. ( To pass the substantial presence test). In that case I understand that I have to file 1040NREZ. Please advice.
    4) My W2 contains taxes withheld for Federal Tax and NY state and I do not have any other income except wages.


    Question: Which form should I file? 1040 (Resident)/ 1040NR( Non Resident)/ 1040NREZ (NR with no other income except wages)?
    Or should I wait till a decision on my return to India is taken?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 4, 2008, 11:51 AM
    File as a non-resident alien, filing Form 1040NR-EZ or Form 1040NR if you paid your moving expenses.

    If you then stay longer, you can amend the return and file jointly with your wife with you BOTH choosing to be treated as resident aliens.

    Your wife's physical location is irrelevant to filig jointly.
    sundarj6666in's Avatar
    sundarj6666in Posts: 13, Reputation: 1
    New Member
    		  
    #3

    Mar 5, 2008, 07:56 AM
    1) By filing 1040NREZ, can I get a deduction of USD3400 as exemption for me? Can I claim Medical expenses ( like co-pay amount) as deduction?
    2) While filing 1040NREZ, can I have an itemized deduction for the State Tax paid?
    3) Am I eligible to file Dual Status Alien for the year 2007 so that I can get another exemption of $3400 for my spouse?
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!

Resident alien student, failed to file W8BEN form, how to claim treaty benefit [ 3 Answers ]

Hey, I am a student from mainland China. 2006 is my sixth year in US as a PhD student and I lost my non-resident status. I bought some stocks in 2006 and failed to file W8BEN form with the stock trading company. It turns out they withhold 28% of the transaction value. I am using Turbo tax...

Fill in tax form as resident alien or non resident ? [ 7 Answers ]

I am from China and I held B1 to enter US in Jan.2001 and changed the status B1 to F1 on 12/2６/2001. I returned to China and returned to USA ｉｎ ２００５ ｗｉｔｈ ａ ｎｅｗ Ｆ１ ｖｉｓａ ． I had no income in 2001 and 2002 and I failed to fill in the tax return in 2001 and 2002 since I didn't know I needed to do so ...

Am I a resident / non-resident alien? What forms do I file? [ 5 Answers ]

I am an Indian national. I came to the U.S in Aug 2004 on an F1 visa. I converted to OPT status on February 13, 2006 and earned substatntial income on this status. My status convered to H1-B valid from 1st October,2006. Do I file dual-status taxes? - does this mean I still get the 4850$...

Part time resident or non-resident for state tax form? [ 3 Answers ]

:( hi, I was on F1 visa in Texas till the month of September. Then moved to North carolina in October to work on OPT till December. So I am still eligible to fill the 1040NR-EZ form. But my confusion is the state tax form since for Texas I did not have to fill one. And now in the D400 state tax...

View more questions Search