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    hitesh08's Avatar
    hitesh08 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Oct 11, 2008, 01:11 PM
    Filing Status, Me on H1B, wife & kids in India
    I was reading your replies and learnt a bit about taxes. I am an Indian citizen working on H1B visa came here on 31st Aug 2008 and will be here till Dec'08 (atleast).

    I am married but my wife & 2 kids are still in India and they have never been to US before.

    Also since I will not stay here for 6 months so I will be considered non resident allien.

    My questions are :
    1. For filing 2008 taxes, what will be my filing status (single/married filing seperatly/married filing jointly)?
    2. What all form should I use ?

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

    Oct 12, 2008, 07:24 AM

    If you are leaving the U.S. in December 2008, you will file non-resident tax return as Single. You will file Form 1040NR or 1040NR-EZ.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Oct 13, 2008, 08:41 AM
    Actually, he would file as Married Alien, using the Married Fling Separately tax table. Should not make any difference as to how much tax he pays, however.
    hitesh08's Avatar
    hitesh08 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Oct 13, 2008, 08:59 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Actually, he would file as Married Alien, using the Married Fling Separately tax table. Should not make any difference as to how much tax he pays, however.

    Thanks both of you...

    But if I file as "Married Fling Separately" do I need to fill up any additional form for that.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Oct 13, 2008, 11:47 PM

    Yes, your status is married filing separately. You will use tax table for married filing separately. No additional form is needed.
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