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    mahadarshan's Avatar
    mahadarshan Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 12, 2010, 01:37 PM
    l1 visa holders tax formality in usa
    Hi

    I came to USA in Sept. 15th 2009 with my wife and two daughters. I am a L1 visa holder and my wife and daughters are in L2. Am I a resident or non resident alien?
    My wife doesn't work but has SSN .My both daughters are studying in school and doesn't have SSN. Am I eligible for Child Tax Credit?
    I want to ask which status we should file. Can we file jointly?
    Thank you
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 13, 2010, 12:22 AM

    You have two choices:
    Choice 1:File non-resident tax return. Also claim moving expenses for the family-- to move to the U.S. Your U.S. Tax Return: Moving Expenses

    Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test in 2010. Your U.S. Tax Return: Substantial Presence Test

    You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you and the kids. You will also get child tax credit of $1,000 each.
    You must both declare your worldwide income for 2009. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
    You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. You can also deduct moving expenses. Use form 3903.

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