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    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
    		  
    #1

    Oct 22, 2009, 06:53 PM
    W 4 Form - spouse on H4 visa
    Hello Atlanta tax expert,

    I am working on H1 visa. I recently got married and my spouse is on H4 visa. Can I claim three exemptions in the W4 form.

    Please advise

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

    Oct 23, 2009, 04:16 AM

    You can file joint return as residents.
    On your W-4, you can claim Married and 1, 2, or 3 allowances depending upon your total income for the year. If you started your job recently, then 3 or more is OK.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Oct 23, 2009, 07:49 AM
    Actually, IRS regulations restricts the number of allowances a foreign national can claim to no more than TWO, regardless of whether you file as Married or Single.

    The reason is simple: The IRS wants to ensure that sufficient funds are withheld to cover your tax liability so that, when you return to your home country, you have an incentive to file that last tax return to get the refund.
    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
    		  
    #4

    Oct 26, 2009, 11:46 AM
    Hello atlanta tax expert
    Thanks for your reply. Does India-US tax treaty allow me to claim THREE allowances. Please advise.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Oct 27, 2009, 10:17 AM
    No, it does not. The IRS regulation is NOT treaty-dependent, but rather applies to ALL foreign nationals regardless of nationality.
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