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

    Feb 12, 2009, 12:48 PM
    H1B visa tax return
    I am medical resident on H1B visa. I am from Serbia. Should I file 1040 or 1040nr for tax return. Also my wife is on H4 visa should I claim her as an dependent or what?

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

    Feb 12, 2009, 06:55 PM

    When did you enter the U.S. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    sardo_numspa's Avatar
    sardo_numspa Posts: 2, Reputation: 1
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    #3

    Feb 13, 2009, 08:45 AM
    Quote Originally Posted by MukatA View Post
    When did you enter the U.S.? Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    I came in June 2007 so I file a tax for last year through some tax firm with 1040. But now I realize that some of my colleague from India and Pakistan file a 1040nr form. I know that some countries have a tax treaty with US I think Serbia don't have.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Feb 13, 2009, 11:11 AM

    On H1-B visa, there is no tax treaty exemption for any country. In 2008 you must file resident tax return. You can file joint return as residents. You will get standard deduction of $10,900 and exemptions for both of you.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Mar 3, 2009, 04:13 PM
    For 2007, you HAD the option of filing jointly with your wife as resident aliens, but you would have had to report your Serbia income as well on the 2007 tax return.

    For 2008, you will definitely file as a resident alien, probably jointly with your wife.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
     
    #6

    Mar 3, 2009, 08:29 PM

    By filing jointly with your wife you get a double standard deduction and two exemptions.

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