[brynhe]

Hi,

The background of my wife and I is:


I am working for MMM company on L1-B Visa from Aug 17, 2007.

My L1-B status will expire on July 9, 2008 and it may be extended to July 9, 2009.

I get payroll from MMM company's subsidiary company in China. So I get china payroll

And pay individual incoming tax there.


My wife is working for LLL compny on L1-B Visa from June 1, 2007 to July 9, 2009

She gets U.S. payroll. Our daughter was born in Feb 2008 in the U.S.



I have following questions about filing the tax return:

1. Do I need to file the tax return myself? (I have no W2 form but I got some reward and interest from a bank)

2. Since my wife needs to file the tax return, can she do it joinly with me. I mean can our

Daughter and I be considered as tax exemption or deduction reason?


3. Which form should my wife file.

Thanks in Advance

[AtlantaTaxExpert]

YOU are not required to file a tax return for 2007, because you were working in the U.S. for less than 183 days in 2007, and were NOT paid by a U.S. source. This assumes that the interest from the bank is LESS than $3,400.

However, if you file jointly with your wife, then ALL of your 2007 world-wide income becomes subject to U.S. taxation.

Your wife must file a return, so she can file Married Filing Separately and claim your daughter as a dependent. The interest income you earned means she CANNOT claim you as a dependent.

She will file Form 1040A.