[aa77]

My Wife was on L-1 Visa in the US from June 2009 to Mid Feb 2011. She has yet not received her W-2 for 2011 income in the US, which, I assume should have come to her employer by now. As far as I understand, she would have to file her return before April 15th, 2012. But how can she do that without her W-2? If she gets W-2 within this time, would using TurboTax website be enoough for e-filing the federal and state tax returns or she would have to also mail the hard copy of those returns?

Also, I am wondering could there be any exemption (under rules) in filing the IT return as she was there for just 1.5 months in 2011 and is no more in the US, but may go there in future.

Thanks in advance!

AA

[AtlantaTaxExpert]

AA:

Your wife can file a dual-status return and claim ONLY the U.S.-sourced income that is reported on the W-2. She can claim her own personal exemption plus your exemption as her dependent. NO standard deduction is allowed, but given her income is for only six weeks, the standard may NOT be needed.

The dual-status return MUST be mailed; efiling is NOT an option. Note that the dual-status return is NOT for amateurs; get professional help from someone who has experience filing such returns.

Because she is located in a foreign country, she has an AUTOMATIC extension to 15 June 2012 to file.

She must also submit a Residency Termination Statement that you BOTH must sign with the dual-status return.

This advice ASSUMES there are no children. If children are part of the return, then maybe she should consider filing as a full-year resident, which IS an option available to her.

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