Ask Experts Questions for FREE Help !
Ask
    sreeja_19's Avatar
    sreeja_19 Posts: 14, Reputation: 1
    New Member
    		  
    #1

    Feb 2, 2008, 10:06 PM
    Spouse-EAD but did not earn. Can I claim as dependent
    Hi,

    I am working on H1 and my spouse came here last year on H4 (dependant visa). We got our EAD (Employment Authorization Document) in Oct 2007. I am still on my H1. My spouse however has not earned anything in 2007 as he did not work.

    My question is, can I claim him as a dependent on my tax return?

    I was planning to file Married filing jointly? I tried Taxact with that option and I could not claim my spouse as a dependent.

    Can you recommend the best approach for my particular situation?

    Thanks in advance,
    Sreeja
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 4, 2008, 09:35 AM
    Yes, you can file as Married Filing Jointly. But for this there may be some requirements.

    When did you come to U.S. You only said that your wife came las year on H4.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 4, 2008, 10:20 AM
    You CAN file jointly, but you CANNOT claim your spouse as a dependent. He is your CO-FILER, not your dependent.
    sreeja_19's Avatar
    sreeja_19 Posts: 14, Reputation: 1
    New Member
    		  
    #4

    Feb 4, 2008, 12:19 PM
    Thanks you so much MukatA and Atlanta Tax Expert for the responses. Much appreciated.

    Actually, I would like to know what will be the best filing option for me at this point.

    1. I am on H1 for the past 3 years. My husband joined me in US on Jan 2007 on H4.
    2. We both got our EAD in Oct 2007. I am however still working on my H1. I am planning to continue doing that.
    3. My spouse did not have any earnings last year.

    I understand that I cannot claim him as a defendant if I file jointly. Do you think I should just file married filing single? What will be the best and most importantly the correct route at this point.

    Thanks in advance
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Feb 6, 2008, 12:59 PM
    It is almost a sure bet that filing jointly is the best option tax-wise.
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!

How much will I earn? [ 3 Answers ]

$15.00 X 40 hrs + 2 dependents how much will I get back in a weekly paycheck?

Claim a non working spouse? [ 3 Answers ]

Can my husband claim me in this years taxes? I haven't worked for almost 2 years. Last year I had 2006 taxes so we did it jointly but I haven't worked since August 2006 can he claim me as a dependent?

Quit Claim, one spouse to the other when married [ 7 Answers ]

My husband and I got married in Jan 2005, and he bought a home in April 2005. The house is in his name ONLY. Due to temporary financial problems, the mortgage is in default. The mortgage company does not allow "partial payments"--if you get behind, it's hard to get caught up. My plan is to have...

Spouse and Child as Dependant- Even they never came to US [ 1 Answers ]

Hi, I have a specific query related with dependents. 1) I arrived in US on 5th Aug 2006. By that means I am a non resident alien. Is this correct? 2) My wife and daughter are in my native country(INDIA) and will join me in May 2007. They never came to US ever. So my specific query is whether...

Claim as Dependent? [ 7 Answers ]

Hi, I am on H1-B and my wife is on H4. My son is a US citizen who was born in 2004. My wife and kid were out of US for 11 and a half months visiting my country on a vacation. I have the following questions: 1. Can I still file with "Married Filling Jointly" status? 2. Can I still claim my...

View more questions Search