[gulatin2]

Hi,
I was on opt till end of sept 2008 and on h1B from oct to dec 2008. What tax form should I fill? (I came to the us in aug 2004 on f1 and changed to h1 in oct 2008). Also I got married in September and my wife came along with me on h4 visa. From oct 08 my taxes are withheld as married.

If I file through 1040-NR I can take advantage of opt treaty and get all the federal taxes deduced till oct 1,08 refunded.

I live in ct and as per my tax advisor I owe taxes to state of ct as he is recommending to file single this year and then apply for itin next year.

Can you please advise me how should I do this with ct taxes as I still think ishould be refunded the amount deducted till oct 08.

Thanks

[AtlantaTaxExpert]

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 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 1 June 2009.
• you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116). That may be an issue for your wife's income, but not for you.

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

You will need to submit Form W-7 with your return to get an ITIN for your wife.

If you owe taxes to Connecticut (even if you file jointly; something you should check out), then make a payment to Connecticut, because you must WAIT until you get your wife's ITIN before you can file the state tax return.

BTW, In my opinion, your tax advisor does NOT know how to advise foreign nationals on their taxes, because, if he did, he would told you what I just posted.