Ask Experts Questions for FREE Help !
Ask
    vnarayan's Avatar
    vnarayan Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 31, 2011, 02:58 PM
    L1 Filing
    Hi

    My spouse and I come recently(Oct 2010) to US on L1. I am in US payroll but by wife still in Indian payrolls (She is getting per diem). Can I file as 'Married joint filing'? If yes do I need to mention the spouse per diem also?

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

    Jan 31, 2011, 07:29 PM

    Yes, you can file joint return only after you complete SPT in 2011. Your U.S. Tax Return: The U.S. Visas
    vnarayan's Avatar
    vnarayan Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 31, 2011, 10:02 PM
    Thanks for your immediate response. My spouse staying with me since November 2010 and also she got her SSN. That means she completed SPT in 2010 as on today i.e. 1st Feb 2011, So can can I go ahead with 'Married joint filing'?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 7, 2011, 11:06 PM
    Ypu can only count one-third of the days in 2010 when determining SPT for 2011.

    If you came to the U.S. in October, you CANNOT file until June 2011.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is spouse SSN/ITIN required for filing tax as "Married but Filing Seperately" [ 2 Answers ]

Hi, I am a citizen of India. In 2010, I worked in US on H1B from 01-Jan-2010 until 01-Apr-2010.Effective 02-Apr-2010 I moved out of US. On 31-JAN-2010 I got married but my spouse(citizen and resident of India)never travelled to US even though she had an approved dependent VISA. Saying this ,...

Filing for 2005-2006 tax refund, is there penalty fee for filing it now? [ 1 Answers ]

Hi - I was a foreign student on F1 visa in the United States and had a very brief internship back in 2006 and 2005. I did not file my tax return for either years, but based on my calculation I was supposed to get a tax refund for both year (about 1-2k refund in total). I am no longer studying or...

Filing status as Married Filing Jointly or Filing Separately [ 1 Answers ]

Hi, I have been in USA on L1 for the following time period: May 2006 to January 2007. August 2007 till Date. According to the substantial presence test, I completed my 183 days in US in November 2007. So during 2007 I was a dual status alien. My non-working spuose and year old...

Complicated state tax filing between NY and NJ and missed filing from last year [ 1 Answers ]

Hi everyone, I am really confused and would appreciate some feedback into how I should proceed with my taxes. My background: I am a non-resident alien, Canadian citizen who is a masters student studying and residing in NJ. During 2006, I worked on campus for a few months and receieved a W2 for...

Non-resident H4, ITIN number, e-filing, jointly filing taxes with spouse [ 3 Answers ]

Hi, I've got a couple of questions. My spouse is a resident (H1) and I'm on an H4 visa. I'm a non-resident based on the substantial presence test. When we file our taxes 1) Do I need to get a ITIN number before we file our joint taxes? How long would it take to get one? 2) Once I have the...

View more questions Search