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

    Apr 9, 2010, 03:56 PM
    H1B(wife) + F1(me) + different states
    Me and my wife plan to file together for 2009 taxes. We both are residents of India. I am on an F1 while she is currently on an H1B that started Oct, 2009.

    I understand that if we filed for an extension and she satisfied her SPT (June 2010), we should be able to file jointly for 2009. That is clear to me.

    What isn't, is the fact of how it affects our state taxes as we live separately in different states (She=Minnesota, I=Pennsylvania). None of the state instruction pdf's clearly state anything about how they treat spouses that live in different states for tax purposes.

    Help needed. The fallback option is that both of us file as non-residents separately.

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

    Apr 12, 2010, 02:45 AM

    You you can choose to file joint return for 2009. If she on H-1B does not complete SPT in 2009, wait to file tax return till she completes SPT in 2009.

    If you file joint return for states, for one state you are resident and will report your income only. Your spouse is nonresident and does not have any income.
    Use same approach for the other state.
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