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    ovreddy1978's Avatar
    ovreddy1978 Posts: 5, Reputation: 1
    New Member
     
    #1

    Jan 31, 2011, 09:58 PM
    Question on Tax filing for this FY.. Need immediate Help Please...
    I was staying with my wife and kid on L1 VISA from April 2008 to July 2009. My wife is not working either in India nor in USA. I filed Married filing jointly for both 2008 and 2009 FY's. Later we returned to India and I alone came back to US in March 2010. I stayed alone in US till Dec 2010. My Wife and Kid were in India for whole 2010 year.

    My wife has SSN on L2 VISA status and my Kid has ITIN.
    1. Now how should I file my returns either Single or Joint for FY 2010?
    2. Can I claim my kid as dependent?

    Please answer my questions.

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

    Feb 7, 2011, 11:37 PM
    You CAN file jointly with your wife; her physical location is irrelevent. She could be on Mars for all the IRS cares! You just need to claim HER Indian income (if any) on the return.

    The child, on the other hand, MUST be in the U.S. for at least ONE day in 2010 to be claimed as a dependent.

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