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reapit · Mar 13, 2009, 02:20 AM

Hi,

I was in US from April2002 to June2008 on H1 Visa
My wife was in US with me on H4 from May2006 to June2008 period.

In June 2008 we moved back to India. In last week of Dec2008 we had a child.

Queries:
1) Can I claim the child as dependent? (accoridngly I will file W7, etc)
2) Can I claim deduction on moving expenses as my place of work changed from US to an address in India and not all expenses were re-imbursed by my employer

Thanks in advance for the answers

Thanks

reapit · Mar 15, 2009, 09:57 PM

Hi,

Advise

MukatA · Mar 15, 2009, 10:56 PM

Did your employer report your income from June 2008 to Dec 2008 on the Form W2?
How did the employer report the moving expenses paid to you? It is shown as your income on form W2?

reapit · Mar 19, 2009, 12:13 AM

Hi,

My employer didn't report my income from July to Dec2008 on my W2.

As far as moving expenses goes, most of it was directly paid by the company directly (like air tickets, etc) ? About $100 was paid in reimbursement but was not reported on my W2.

Thanks!

MukatA · Mar 19, 2009, 02:49 AM

What date did you leave the U.S. in 2008? How many days did you spend in the U.S. Is it 183 days or more?

Did you pay any tax in India on the income earned while in India?

reapit · Mar 19, 2009, 07:47 AM

Hi,

I left US in Mid Jun 2008. It's less than 183 days

Yes I paid tax in India on the income earned while in India

MukatA · Mar 19, 2009, 08:13 AM

You will file dual status tax return. You are resident up to June 2008 and nonresident after that.

reapit · Mar 20, 2009, 01:03 AM

Could you please also answer my original question:

==========================================
In last week of Dec2008 we had a child when I was in India.

Queries:
1) Can I claim the child as dependent? (accoridngly I will file W7, etc)
2) Can I claim deduction on moving expenses as my place of work changed from US to an address in India and not all expenses were re-imbursed by my employer

=========================================

reapit · Mar 23, 2009, 07:16 AM

Hi

Please advise

AtlantaTaxExpert · May 13, 2009, 12:51 PM

1) No. To be claimed as a dependent, the child must be resident in the U.S. for at least part of 2008, which he was not.

2) No; moving expenses BACK to India are NOT deductible.