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ashishdevseth · Mar 15, 2011, 05:38 AM

Hi,

I was on L1 with my wife (she did not have any income) and son for 2 years (Jul 2008 to Jul 2010) and returned to India in Jul 2010. I don't plan to go back to US for a few years.

1. Can I file my 2010 tax as married filling jointly as a resident alien?
2. Can I claim standard deduction, child credit etc for 2010 (the way I did for 2009 tax returns)?
3. Do I need to declare my India income (from Aug 2010 - Dec 2010) in my tax filing?
4. Will I be able to claim foreign tax credit for my India income?

OR, Do I need to file dual tax?

Needless to say, I would want to maximize my refund.
Looking forward to your expert opinion.

Thanks,
Ashish

AtlantaTaxExpert · Mar 25, 2011, 12:16 PM

Ashish:

To answer your questions: 1-to-4 is YES

OR

You CAN file dual-status.

It is your choice, but you need to model it BOTH ways to determine which is the best course of action tax-wise.

I CAN help you to file this return; it IS what I do!

If you need professional help filing your return, email me at [email protected] or [email protected].