Ask Experts Questions for FREE Help !
Ask
    Mirlok's Avatar
    Mirlok Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 31, 2009, 01:51 PM
    h1b and h4 spouse joint filing
    Hello
    I'm resident alien holding H1B visa. I got married in July, my wife came to US in July holding H4 visa. In September she got EAD and SSN based on it. She doesn't work and doesn't have any US income, except < 20USD from her saving account. We live in California.
    And I have few questions about tax return :)
    1. Is her SSN valid for tax purposes?
    2. Can we use turbotax to e-file our joint return both federal and state?
    3. What should be my wife's status for taxes this year:
    3a. As pub.519 states we can make a choice treating my wife as resident alien for whole 2008 year. Is this choice valid for both federal and state return?
    3b. To make a choice is it any separate form or handwritten/printed paper written by us?
    3c. Should we submit it with both federal and state return?

    Thank you very much in advance?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 31, 2009, 05:38 PM

    1 & 2. Yes, you can file joint return as residents and use the SSN.
    3. For federal she is resident for tax purpose. For state, if she lived in a state she is resident or part year resident.
    4. If you were in U.S. on H1-B in 2007, then you do not need to attach first year choice statement.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    Mirlok's Avatar
    Mirlok Posts: 3, Reputation: 1
    New Member
     
    #3

    Apr 1, 2009, 01:53 PM
    Quote Originally Posted by MukatA View Post
    1 & 2. Yes, you can file joint return as residents and use the SSN.
    3. For federal she is resident for tax purpose. For state, if she lived in a state she is resident or part year resident.
    4. If you were in U.S. on H1-B in 2007, then you do not need to attach first year choice statement.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    Thank you for reply
    Could you clarify me a little bit more
    2. She lived in California as of 15 July 2008, so is she resident or part year resident then?
    4. I filed as non resident for 2007 as been only 1.5 months in US in 2007..
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Apr 1, 2009, 03:57 PM

    2. If does not matter how many days she lived in the U.S. Even if she has never been to the U.S. you can choose to file joint return as residents.
    Mirlok's Avatar
    Mirlok Posts: 3, Reputation: 1
    New Member
     
    #5

    Apr 2, 2009, 10:25 AM
    Quote Originally Posted by MukatA View Post
    2. If does not matter how many days she lived int he U.S. Even if she has never been to the U.S., you can choose to file joint return as residents.
    Thank you again
    Sorry, I still don't get it :(
    I mean for state tax return, not for federal?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    Jun 2, 2009, 11:29 AM
    If you file jointly on the federal return, in 95&#37; of cases you also file jointly on the state return.

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!

US Citizen married filing separately, spouse lives outside US: does spouse need ITIN? [ 7 Answers ]

Hello. I am a US Citizen living in the US full time. My husband is German, living in Europe full time. We got married in the US in September 2006. My husband is applying for a green card but meanwhile cannot enter the US, due to immigration rules. Therefore we have not lived in the US together...

Married filing Joint vs. Separate if spouse in military [ 1 Answers ]

My husband is in the NAVY, and is based in San Diego. Last year he claimed his permanent address to be in the state of Nevada, because that is where his father lives. We married in Sept of last year. When it comes to filing taxes, if we file married, joint, do I just apply my income to the state...

Joint filing of you.S. Tax return for you.S resident and H-4 visa spouse. [ 1 Answers ]

Does a resident with a H-1b visa (been in U.S. since 2005) have to make an election to file a joint return with his H-4 visa spouse who came to the USA in July of 2007?

Joint filing with non-resident spouse [ 1 Answers ]

My wife changed her status from H4 to F1 in Oct 2006. In 2007, she worked as "Independed Contractor(self-employment)" using her F1-OPT. Under "Substantial Presence Test", she will be considered as non-resident. I work on H1B and am a resident. 1. Can I file as "Married filing jointly" and choose...

Non-resident H4, ITIN number, e-filing, jointly filing taxes with spouse [ 3 Answers ]

Hi, I've got a couple of questions. My spouse is a resident (H1) and I'm on an H4 visa. I'm a non-resident based on the substantial presence test. When we file our taxes 1) Do I need to get a ITIN number before we file our joint taxes? How long would it take to get one? 2) Once I have the...


View more questions Search