Ask Experts Questions for FREE Help !
Ask
    Rmmm's Avatar
    Rmmm Posts: 4, Reputation: 1
    New Member
     
    #1

    Mar 10, 2009, 09:17 PM
    NonCitizen Spouse - Can I file joint?
    My wife and I are both Japanese Citizens.
    She works in Japan, I work in the USA.
    CAn I file a joint return.

    If not, can I file married separate and claim her exemption?

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

    Mar 10, 2009, 09:33 PM

    Which visa do you have? When did you enter the U.S. Read: Your U.S. Tax Return: The U.S. Visas
    Rmmm's Avatar
    Rmmm Posts: 4, Reputation: 1
    New Member
     
    #3

    Mar 10, 2009, 10:10 PM

    I guess it is H-1, not sure right now. I came to the US in 2006. My wife works in Japan. So I am a resident alien, she is a non-resident alien. We do NOT want to declare her income as US income. I also have been claiming my daughter as a dependent, she lives in Japan all the time. I spend time in both Japan and USA.
    So I wish to file married filing separately, claiming both my wife's exemption and my daughter as a dependent. Is that OK?
    Rmmm's Avatar
    Rmmm Posts: 4, Reputation: 1
    New Member
     
    #4

    Mar 10, 2009, 10:52 PM
    Sorry, my visa status is E-2. Hope that helps.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
     
    #5

    Mar 11, 2009, 05:42 AM

    Yes, you should file married filing separate and claim both your wife and your child as dependents. You claim your wife as a dependent under U.S. statutes and your child as a dependent under the U.S.-Japan Income Tax Treaty.
    Rmmm's Avatar
    Rmmm Posts: 4, Reputation: 1
    New Member
     
    #6

    Mar 11, 2009, 02:19 PM

    Good and thanks.. I should have mentioned that my daughter is a US Citizen having been born in the USA. I will proceed.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

On H1B with H4 dependent spouse - Can I file spouse for exemption? [ 2 Answers ]

HI Guys! I am on H1b Visa and my husband got here in May 2008 as H4 dependent (meaning he can't work and is dependent upon my income) What Tax form should I use? Also I'm confuse with this personal exemption explanation I got from the IRS website: Your Spouse's Exemption

Joint filing with non-resident spouse [ 1 Answers ]

My wife changed her status from H4 to F1 in Oct 2006. In 2007, she worked as "Independed Contractor(self-employment)" using her F1-OPT. Under "Substantial Presence Test", she will be considered as non-resident. I work on H1B and am a resident. 1. Can I file as "Married filing jointly" and choose...

Joint Tax Returns, Even if Dependents (spouse&child) are not in US [ 3 Answers ]

Hello Sir/Madam, I on H1B visa, working in US since Mar-2006. My wife ( who was not working) & child joined me during Aug-2006. For Year2006, I filed Federal & State tax returns as "Married filing Jointly". We also got the ITIN for both of them During May-07, they both went back to India....

Spouse outside US for part and in US for part of the year - file single or joint ? [ 1 Answers ]

Hi, I have been working in the US (RI) since Aug 2006. My wife has been living and working in India all this time. However, in Aug 2007, she came to the US (CA) on an independent work visa. For financial year 2007, would it be beneficial / correct for us to file taxes individually or jointly...

I was on L1 visa want to file joint return. I want to apply for ITIN for spouse [ 4 Answers ]

I was in US(california) from march 2006 - jan 2007 on L1. My wife and kid were on L2. They don't have SSN (I think now its possible to get ssn on L2 ). Now I am back in India and want to file my return with both of them as my dependent. So I think I will have to file W7 for both of them to get...


View more questions Search