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    Taxpayer2008's Avatar
    Taxpayer2008 Posts: 3, Reputation: 1
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    #1

    Oct 14, 2009, 12:08 PM
    Husband on H1-B, Wife In India -How to file Joint taxes?
    Hi,
    My husband is working in USA and holds H1-B visa. We got married on Dec 30,2008. I came to US in may,2009 on H-4 visa(dependent). I don't have any income here but I was working last year in India.
    Since we were married on Dec,30th 2008 - We wish to apply for joint tax filing in USA for 2008.
    My question is:
    1] We need to show my income as well during joint tax filing - So in India we get form 16 - We are trying to use turbo tax for joint filing. How can I show my income using W2?
    How do I convert the information in Form 16 into W2 format?

    2] Do I have to file Tax in India as well in case I file in usa along with my husband.

    Kindly help.

    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Oct 14, 2009, 01:49 PM
    1) You do NOT show the income using the W-2. There should be a form that allows you to show foreign-sourced income in the TurboTax worksheets , probably titled Foreign Earned Compensation.

    2) Probably, but you can claim the Foreign Tax Credit unsing Form 1116.

    Of course, you could contact me at [email protected] and let ME do it for a very reasonable fee.
    Taxpayer2008's Avatar
    Taxpayer2008 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Oct 14, 2009, 02:18 PM
    Hi ATE,
    Thanks for your answer. I have another question - My foreign earned income was very less in USD (about 18,000 USD a year) - do I even have to fill any form in that case to report my income?

    I also read about forms 2555EZ -do I need to fill that?

    Meanwhile I am contemplating on the options you mentioned about. Thanks for your help.

    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Oct 14, 2009, 02:21 PM
    Due to the time line you used, you ARE eligible to use the Form 2555, which results in you adding your income on Line #7 of Form 1040, then subtracting it out on Line #21 of Form 1040. You are taxed at a somewhat higher tax rate, but the effect is minimal and probably will result in a lower overall tax than if you claimed the Foreign Tax Credit.

    However, Form 2555 is a bit complex. Take a look at it in TurboTax to see if you understand how to complete it. If it IS too complex, you have my email address.
    Taxpayer2008's Avatar
    Taxpayer2008 Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Oct 14, 2009, 03:39 PM
    Hi ATE,
    I have mailed you from my gmail ID -but haven't received any response so far. Please let me know how can you help us?
    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Oct 15, 2009, 07:01 AM
    I emailed you last night after getting home from client meetings.
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