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

    Feb 13, 2011, 09:27 PM
    Tax return 2011 fir L1 visa holder
    Hello,

    I came to the US at the end of August 2010 with my wife and 2 kids and L1 /L2 visas. Looks like I am nonresident alien and should have a kind you special treatment and possibly an deduction. Is there any company specialized on such cases I can come to/ visit online as it looks like a popular software like TurboT** is not for me. I also heard that I have a chance to return all taxes for expenses regarding my relocation.

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

    Feb 13, 2011, 10:39 PM

    You have two choices.
    Choice 1: You did not complete SPT in 2010, you can file non-resident tax return. You can also deduct moving expenses for the family. Use Form 3903.
    Choice 2: You can file resident tax return as Married Filing Jointly.
    You must wait to file your tax return till you meet the Substantial Presence Test in 2011. Read 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. You must both declare your worldwide income for 2010. 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). Read: 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 attach with your tax return. You can also deduct moving expenses. Use form 3903.
    If you decide to file as Married Filing Jointly as First Year Choice, you must attach a statement signed by both of you to your return stating that you qualify to file as residents as First Year Choice and that you CHOOSE to file this way.

    File state tax return only after you get ITIN. Make sure to pay any tax due on or before April 15, 2011. If needed, file for extension.

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