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nehatyagi · Jan 12, 2009, 02:23 PM

I came in US on 12th Nov 2008 on working VISA , L1.Will I get all my tax deducted (Federal Income Tax,Social Security Tax,Medicare Tax and GA State Income Tax) back for this year ?I have one 15 months old daughter with me, whom I am leaving at day care.My husband is living in different state in US from last 2 months. Before that, we all were in India.

MukatA · Jan 12, 2009, 11:06 PM

You entered U.S. on 12 Nov 2008 on L1 visa. When did you leave the U.S.
What visa does your husband has?

nehatyagi · Jan 13, 2009, 07:08 AM

Originally Posted by MukatA

You entered U.S. on 12 Nov 2008 on L1 visa. When did you leave the U.S.?
What visa does your husband has?

I was in India before that for the entire year.My husband is also having L1 VISA, he is also in US for just 3 months in 2008.This is our first visit to US.

AtlantaTaxExpert · Jan 14, 2009, 12:06 PM

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

The downside is that:
• you must WAIT to meet the Substantial Test before you can file, which means you must wait until about 1 June 2009.
• you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.