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    santhoshvasudev's Avatar
    santhoshvasudev Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2008, 01:23 PM
    Spouse exemption in 1040NR
    Hi
    I qualify to file return under 1040 nr sice I dontsatisfy SPT test for 2007.I got married in dec 24th and my wife joined only in jan 6 to us.we both are from india.can I claim spouse exemption as per us india treaty ,since our marriage was in dec 24th 2007 ,even though my wife joined in jan 6 2008

    To reply to my query
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 5, 2008, 10:35 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 $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

    The downside is that:
    • you must WAIT to meet the Substantial Test before you can file, which means you must wait until at least 13 May 2008.
    • you must declare ALL 2007 world-wide income.

    There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

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