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

    Apr 7, 2009, 09:53 AM
    J1 Visa Holder filing tax return jointly or separately
    Hi My wife holds a J1 visa (visiting researcher) since October, 2007. We got married in 2008. I am a US citizen. My questions:
    1. Can she file 2008 tax as married-filing-jointly with me using 1040 form?
    2. Do I include her salary income (exempt from federal income tax as tax treaty benefits) on the joint return? If so, where is her income added (she does not have W-2 but 1042-S from her university?
    Thanks,
    David
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 7, 2009, 01:27 PM

    Yes, you can file joint return as residents. Then her J1 income is taxable. Also she must start paying FICA taxes from Jan 2009.
    Report 1042-S income where you put W2 income.
    kchend's Avatar
    kchend Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 7, 2009, 02:56 PM
    Thanks million.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jun 6, 2009, 10:52 AM
    It would be better if you filed Married Filing Separately and she retain her tax-exmpt status. However, YOU can claim HER personal exemption on your return if she is not using it.
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