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    an08's Avatar
    an08 Posts: 14, Reputation: 1
    New Member
    		  
    #1

    Dec 3, 2008, 08:56 AM
    Filing tax on H4 visa in 2009
    I've been in US for the past 4 years and have files tax jointly with my husband who is on H1 visa.In 2008 we couldn't receive economic stumulus because I didn't have an SSN.My question is... can I file tax next year separately or not file at all to avail the economic stimulus?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 3, 2008, 10:35 AM
    Yes, you and your husband can file separately for 2008.

    Then, after your husband gets the economic stimulus check, he can then amend the return to add you as a co-filer to file jointly to get the added tax benefits of filing jointly. He will NOT have to return the stimulus check.

    This procedure is completely legal and is in fact recommended as a course of action on the IRS website.
    an08's Avatar
    an08 Posts: 14, Reputation: 1
    New Member
    		  
    #3

    Dec 3, 2008, 10:44 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Yes, you and your husband can file separately for 2008.

    Then, after your husband gets the economic stimulus check, he can then amend the return to add you as a co-filer to file jointly to get the added tax benefits of filing jointly. He will NOT have to return the stimulus check.

    This procedure is completely legal and is in fact recommended as a course of action on the IRS website.
    Thanks very much.So both of us have to file separately but I'm on H-4 so I don't have any income,Can I still file the tax on my own?
    Is there a time limit by which he has to amend the return in order to add me as a cofiler later?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Dec 3, 2008, 10:49 AM
    If you have NO income, you have no requirement to file. Your spouse can file Married Filing Separately.

    There is no time limit, but if you amend the return after 15 April 2012, you forfeit any additional refund by law.
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