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    phamjnr's Avatar
    phamjnr Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2008, 08:23 PM
    Resident or Non Resident for tax purpose
    I will highly appreciate to have your answer on my following questions

    - I and my husband came to the US for studying since August 2005. Our visa are F1. Since then, we just left the US on vacations for 1 month and then came back to the US.

    - We have 2 kids and one of them is American.

    - My husband already finished studying since July 2007, and now worked full time job since August 2007, still on F1 visa .

    - I already finished studying since December 2007 and now am looking for a job, still on F1 visa.

    So,
    1/ Are we resident or non resident for tax purpose? Which tax form should we file?

    2/ Marriage jointly filling or separately filling, which way we will be better off?

    Thank you so much
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 3, 2008, 12:33 AM
    You will both file separate returns as nonresidents. On F1, you are exempt from residency for 5 years and you don't pay FICA taxes.

    On your return you will get personal exemption of $3,400 and deduction as per tax treaty.
    Read more about nonresident filing: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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