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    chatur's Avatar
    chatur Posts: 11, Reputation: 1
    New Member
    		  
    #1

    Jan 9, 2009, 01:11 PM
    H1B full year 2009. Married in December 09
    Hello AtlantaTaxExpert.

    You have been helpful in the past and I am sure I would get valuable informaiton from you. I have been working in the US on H1B all of last year 2008 (Some days (21) out of country for vacation). I got married in December and my wife has been with me in the US as a dependent since 16 December 2009. Can I show my wife as my dependent in 2008 and take the tax benefits (i.e deductions) because she was a dependent. Any help is highly appreciated.

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

    Jan 9, 2009, 11:16 PM

    You should file joint return as residents. You must both declare your worldwide income for 2008.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 12, 2009, 01:51 PM
    Agreed.

    While you CAN claim your wife's personal exemption, it is MUCH better to file jointly, because, in addition to your wife's personal exemption, you get the JOINT standard deduction of $10,900 vice the single standard deduction of $5,450.
    chatur's Avatar
    chatur Posts: 11, Reputation: 1
    New Member
    		  
    #4

    Jan 15, 2009, 09:13 PM
    Hi Mukta and Atlantataxexpert.

    Is there any minimum number of days requirement for my wife to be living in the US to be eligible for the joint tax returns filing. She has lived in the US only 14 days.

    Also, what do you mean by worldwide income. If she worked in other country do we need to report that income as well. If so what about the tax returns in that country. Won't she be filing twice?

    Regards,

    Chatur
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Jan 15, 2009, 09:29 PM

    Even if your wife has never been to the U.S. you can file joint return as residents. You will attach W7 (ITIN application) with your tax return.
    You can contact [email protected] to do your tax return. They are aware of all the requirements and attachments.

    Read about H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html
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