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    rajputster's Avatar
    rajputster Posts: 1, Reputation: 1
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    #1

    Feb 27, 2008, 12:13 AM
    Which form to use
    HI ,
    I was in US from Jan 2007 to July 2007 and returned to India for good. I passed the substantial presence test but was not staying in US at the end of the calendar year. I read "Criteria for dual status" and it seems that I have to file as Non resident alien. Please confirm what I have understood is correct or not?
    Another thing is that my wife and kid joined me in the month of Feb and returned with me . They stayed there for less than 183 days.My question is which form should I file ? And if I can claim exemptions for my dependants (spouse and kid).What should be filing status? (married /Single).

    Thanks
    Sanjeev
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2008, 01:22 PM
    You misunderstood. You need to file as a dual-status alien.
    File Form 1040NR and 1040 AND claim your wife and children as dependents.

    Your status is Married Non-resident Alien and you are taxed using the Married Filing Separately tax table.
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