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    sagarlipare's Avatar
    sagarlipare Posts: 5, Reputation: 1
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    #1

    Feb 1, 2010, 09:15 PM
    1040NR or use first-year choice
    Hello Tax Expert,

    I am IT professional from India. I came to US first time on 18th July 2009 with my wife. That's 167 days, so I fail substantial stay test. That means I am non-resident for tax purpose and should file 1040NR.

    Now I have below questions.

    1. There is no standard deduction for 1040NR, is that right?
    2. And 1040NR only considers 1 personal exception, it does not consider my wife's exception, am I right?
    3. So I lose deduction 11400.00 and 3650.00 straight away, right?
    4. Is that so bad for non-resident category? (In my case just for some 20 days) :(

    5. Can I wait till I become resident for 2010 and file return for 2009? Would that be better that filing 1040NR?

    Thanks a looot for your time and answer.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Feb 1, 2010, 10:54 PM

    Your visa type?
    sagarlipare's Avatar
    sagarlipare Posts: 5, Reputation: 1
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    #3

    Feb 1, 2010, 11:02 PM
    Thanks a lot for your intent to answer my question. I am on H1B and my wife on H4.
    sagarlipare's Avatar
    sagarlipare Posts: 5, Reputation: 1
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    #4

    Feb 2, 2010, 10:58 PM
    Quote Originally Posted by MukatA View Post
    Your visa type?
    I am on H1B and my wife is on H4.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #5

    Feb 2, 2010, 11:02 PM

    Check this https://www.askmehelpdesk.com/taxes/...rn-442447.html
    sagarlipare's Avatar
    sagarlipare Posts: 5, Reputation: 1
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    #6

    Feb 2, 2010, 11:14 PM
    Quote Originally Posted by MukatA View Post
    Check this https://www.askmehelpdesk.com/taxes/...rn-442447.html
    Hi,

    Thanks a lot for info. So I can wait till I become resident for 2010. And to be called as resident for 2010 I can consider 1/3 days of 2009, am I right?

    So on 8th April, I will become resident for 2010 by below formula.
    Formula: 55 days (167/3) of 2009 + 128 days of 2010

    So you mean I can file tax return for 2009 on 8th April as a resident filing jointly and will be able to avail 11400 + 7500 deduction.

    Thanks again for your time.
    sagarlipare's Avatar
    sagarlipare Posts: 5, Reputation: 1
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    #7

    Feb 2, 2010, 11:15 PM
    Quote Originally Posted by sagarlipare View Post
    Hi,

    Thanks a lot for info. So I can wait till I become resident for 2010. And to be called as resident for 2010 I can consider 1/3 days of 2009, am I right?

    So on 8th April, I will become resident for 2010 by below formula.
    Formula: 55 days (167/3) of 2009 + 128 days of 2010

    So you mean I can file tax return for 2009 on 8th April as a resident filing jointly and will be able to avail 11400 + 7500 deduction.

    Thanks again for your time.
    ***Sorry.. that is on 8th May and not on 8th April.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Mar 1, 2010, 03:37 PM
    May 8th is the correct date; mail your joint return on that date.

    Assuming you both have SSNs or ITINs, you can file your state return immediately.
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