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    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #1

    Jan 29, 2009, 05:28 PM
    First time H1B tax filing with non resident spouse and kid
    Hi,
    I have received my w-2 for 2008 form from my employer
    And I pass the substantial presence test for 2008.
    So I am considered to be a resident alien and I file my 1040.
    My question is my wife and kid have come to US last July 2008
    And the don't pass the SPT by 10 days difference.
    I want to know how do I file my tax returns and
    Can I claim them as my dependants? And
    I have heard that I should file for their ITIN with form W-7.
    Is that true..?
    Can you explain in detail...
    Thanks in advance...
    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #2

    Jan 29, 2009, 06:07 PM
    Can some one answer my question...
    I also want to know if I am eligible to claim Child tax cred or Earned income credit...
    Help
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Jan 30, 2009, 12:05 AM

    If you are resident, you can file joint return as residents and claim your child. This is true even if your spouse has never been to the U.S. and is a non-resident. Attach W7 (ITIN application for your spouse and child) with the tax return.
    You must both report your worldwide income for the year. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 30, 2009, 11:32 AM
    You will be able to claim the Child Tax Credit on your child.

    You probably are NOT eligible for the Earned Income Credit.
    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #5

    Jan 30, 2009, 01:08 PM

    Thanks a lot for your answer...
    But one more question...
    How do apply for "CHILD TAX CREDIT"...
    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #6

    Jan 30, 2009, 01:23 PM
    My Wife and Kid are in US since July...
    How can I claim my daughter as a dependent..?
    Can you please explain in detail...


    Thanks in advance...
    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #7

    Jan 30, 2009, 02:00 PM

    Hi Experts...
    Waiting for your replies...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Feb 2, 2009, 09:51 AM
    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) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.

    The downside is that 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).

    You WILL need to file Form W-7 with the return to get the ITINs for your wife and child.

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

    If you are NOT familiar with how to submit these forms, get professional tax help from a tax pro who has experience in filing returns of this nature. For my help, email me at [email protected].
    Maverick8321's Avatar
    Maverick8321 Posts: 10, Reputation: 1
    New Member
     
    #9

    Feb 2, 2009, 02:01 PM
    Hi ATExpert...
    Thanks for your reply...
    It was surely very helpful...
    But I just have one more doubt...
    I am in US since May 2008 as my H1 B is from may 2008...
    Should I show my income I received in INDIA before I came to US...
    Is this what you were telling me...
    How much do you professionally charge to file tax returns for my case

    Reply...
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #10

    Feb 3, 2009, 01:12 PM
    Maverick:

    Yes, you WILL need to claim ALL of the Indian income earned from 1 January to 31 December 2008.

    If you want a fee quote, email me at [email protected].
    rimpy sharma's Avatar
    rimpy sharma Posts: 9, Reputation: 1
    New Member
     
    #11

    Mar 13, 2009, 07:31 PM
    Quote Originally Posted by atlantataxexpert View Post
    maverick:

    Yes, you will need to claim all of the indian income earned from 1 january to 31 december 2008.

    If you want a fee quote, email me at [email protected].
    If someone already filed 1040a without 1116, then what is the soultion?

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