[swapnildesarda]

Hi,
I came to US in Sept. 2011 with my wife. I am on H1 and my wife is on H4. As wife is on H4, she does not earn/work in US, does not have SSN and also not applied for ITIN yet.

I understand that I am a non-resident alien for 2011 returns. But can I still file 1040EZ as "resident alien filing jointly" if that saves me some money? As I understand, then I will have to include my income in India in 2011 as a part of total taxable income in US. In India, the financial year is from Apr-Mar. Then do I need to disclose my income in India from Jan-2011 to Sept. 2011 as a part of foreign income?

Please advice. This is first time I am filing Income Tax Returns in US.

Thanks,
Swapnil

[AtlantaTaxExpert]

Swapnil:

You have the concept correct, but execution is lacking.

Yes, you DO have to claim all world-wide income on your U.S. tax return, but not just YOUR income, but the income of your WIFE as well, since a joint return is ONE return for TWO people. Since you paid income taxes on that income, you will file Form 1116 to claim the Foreign Tax Credit. To file Form 1116, you MUST file Form 1040; Form 1040EZ will NOT work.

Further, you must WAIT until sometime in May 2012 to file, because you have NOT YET met the Substantial Presence Test.

Complex? You bet, that is why it MIGHT be best if you get professional help.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

[swapnildesarda]

Thanks... that helps.

[AtlantaTaxExpert]

Glad to help; please keep me in mind if you decide you need help!