[sabine22]

Hi,

I'm preparing myself for next years tax return.
My husband and I are non-resident aliens until May 2009, after that resident aliens. That would mean, we would have to file separate dual-status returns.
However, if we want to claim our children as dependents, we need to have a joint return.
Can we file a resident alien return for the whole year? We have only interest income from non-US sources, so that wouldn't matter that much.
Would this effect a tax treaty exemption? The tax treaty would exempt us paying taxes until May. If we file as resident aliens the whole year 2009, would we have to pay taxes for Jan-May?

Thank you very much

Sabine

[MukatA]

Which visa do you have? When did you enter the U.S. What is your citizenship?

[sabine22]

Which visa do you have? When did you enter the U.S.? What is your citizenship?

We both have a J1 visa (research scholar) and Israeli citizenship. I also have German citizenship in addition, but the treaty is with Israel.

[sabine22]

Which visa do you have? When did you enter the U.S.? What is your citizenship?

We both have a J1 visa (research scholar) and Israeli citizenship. I also have German citizenship in addition, but the treaty is with Israel. We came in May 2007 (my husband) and June 2007 (myself).

[AtlantaTaxExpert]

You probably can file a joint return under First Year Choice while STILL retaining your tax-exempt status until May 2007 for your husband and June 2007 for yourself. I would need to research the U.S.-Israeli Tax Treaty to be sure that is a viable course of action, but I have filed such a return for persons from France in similar circumstances.

You will need to file Form 8833 to explain the treaty position to claim the tax exemption for the first 5/6 months of 2009.

You may want to consider using a tax professional with experience in international tax issues to file this return. It is NOT a return to be filed by an amateur.