[mm17]

Hello,
I am a resident alien in the US for over 5 years now. My wife has been here 6 months and is a non-resident alien. Last year we filed "Married filing jointly". Single income, non-homeowner household.
So far I have claimed "0" allowances on my W-4 and have received a refund on filing taxes. But I am done making interest free loans to the government and would like to know the right number of allowances to put on my 2009 W-4.
I completed the worksheet on the W-4 tax form and the magic number (in row H) came up as "3". However, I am a bit leery of putting in that number since, I fear I may end up having to pay money with federal and state tax filings next year. At the same time I don't want to have too much money withheld from my paycheck.
Can anyone please advise on what the right number should be for the specific legal tax statuses that my wife and I hold?

Thanks!

[mm17]

Oh, and I forgot to mention. Should I list myself as "Married" or "Single" since my spouse is a non-resident alien but we are filing taxes jointly?

[AtlantaTaxExpert]

Because you are a foreign national, presumably on a H-1 or H-1B visa, you are required by IRS regulation to claim SINGLE with NO MORE than ONE exemption.

This is done to ensure you pay your taxes before you return to your home country.

If you have a green card, then you can claim MARRIED with up to THREE exemptions.

[mm17]

Thanks Atlanta Tax Expert, I do need some clarification.

In a forum post on Nov 6, 2008, you wrote
"ensure that said foreign national workers have enough taxes withheld to cover their tax liability and therefore will file their tax returns to recover the excess withholidng. However, married foreign nationals who intend to file jointly with their spouses are permitted to claim married with two exemptions. Most employers are NOT aware of this exception, so they FORCE their employees to file SINGLE with one exemption." .

Here is the link:
https://www.askmehelpdesk.com/taxes/...w2-277676.html

How is my situation any different?

[AtlantaTaxExpert]

Your situation is NO DIFFERENT; that exception WOULD apply in your case since you filed jointly with your wife last year.

The trick is to convince your employer's payroll or HR department.

Most payroll clerks like simple rules that are easy to follow, not rules that are filled with exceptions.

Fill out the W-4 as Married with 3 exemption, and submit it with a copy of your tax return showing how you filed in 2007. That will probably go far in convincing the payroll person that you can withhold at the Married rate.

[mm17]

Thanks ATE.

[AtlantaTaxExpert]

Glad to help!

[Samjackson]

How do u fill out a GA state worksheet on the W-4 tax form ?

[AtlantaTaxExpert]

The Georgia Withholding Form is G-4.

The rules that apply for the W-4 for foreign nationals do NOT apply to the G-4.

If you are single, claim ONE allowance.

If Married, claim TWO allowances, plus one allowance for each child.