Ask Experts Questions for FREE Help !
Ask
    hardeepchd's Avatar
    hardeepchd Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Mar 28, 2007, 06:35 PM
    Should I fill form 1040 NR? Confused
    Hi,

    I have been reading through many sites to see if I have to file the 1040 NR form.
    I am little confused now.

    Here is my information.

    I am married and on H1B visa from India. I arrived in USA on 09/30/2006 and my wife joined me here on 12/22/06 on H4 visa. She is dependent on me, has no income and no SSN or ITIN.

    In addition to wages, I have some extra income. I got form 1099 "Non-employee compensation" from my company for this income. This was paid as moving cost.

    As, I am in USA for less than 183 days I have to fill 1040 NR form. Is this correct.

    Also, I heard that I can't fill tax as "Married filling jointly" status or single with dependent. Basically, I can't get rebate for my wife. Neither can I fill w7 form for my wife

    Please let me know if I need to fill the 1040 NR form. Also, how do I get the excemption for my wife and fill w7 form for her.

    Any help will be greatly appreciated.

    Thanks,
    Hardeep Singh
    hardeepchd's Avatar
    hardeepchd Posts: 5, Reputation: 1
    New Member
    		  
    #2

    Mar 29, 2007, 11:18 AM
    If any one can answer this question, that will be great.

    Thanks,
    Hardeep Singh
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #3

    Mar 29, 2007, 05:35 PM
    Quote Originally Posted by hardeepchd
    Hi,

    I have been reading through many sites to see if I have to file the 1040 NR form.
    I am little confused now.

    Here is my information.

    I am married and on H1B visa from India. I arrived in USA on 09/30/2006 and my wife joined me here on 12/22/06 on H4 visa. She is dependent on me, has no income and no SSN or ITIN.

    In addition to wages, I have some extra income. I got form 1099 "Non-employee compensation" from my company for this income. This was paid as moving cost.

    As, I am in USA for less than 183 days I have to fill 1040 NR form. Is this correct.

    Also, I heard that I can't fill tax as "Married filling jointly" status or single with dependent. Basically, I can't get rebate for my wife. Neither can I fill w7 form for my wife

    Please let me know if I need to fill the 1040 NR form. Also, how do I get the excemption for my wife and fill w7 form for her.

    Any help will be greatly appreciated.

    Thanks,
    Hardeep Singh
    File for an ITIN for your wife. File a 1040NR and claim your wife.
    hardeepchd's Avatar
    hardeepchd Posts: 5, Reputation: 1
    New Member
    		  
    #4

    Mar 29, 2007, 05:58 PM
    Hi taxsearcher,

    Some one told me that I have to file form 1040 NR as "Married filling seperately" status as both me and my wife are non-resident aliens. Is this status correct.

    In this case, can I still get exception for my wife and fill W7 form for her.

    Thanks again,
    Hardeep Singh
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #5

    Mar 29, 2007, 06:57 PM
    Sorry, my error. You could only claim your wife if you were a student from India or a resident of certain other countries. You would need to file separately.

    You could wait until you meet the SPT in 2007 and then file a first year election and also elect to be treated as a resident for all of 2006. Basically, it would depend on your situation as to which works out best. If you elect to be resident for the full year you must include worldwide income.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 4, 2007, 10:36 AM
    Agreed. Probable best option is to file jointly and be treated as resident aliens for ALL of 2006, even it means declaring ALL world-wide income.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Do I need to file Form 1040 NR EZ and 1040 together? [ 4 Answers ]

I am on OPT. I have a resident alien for tax purposes as of 31 December 2006 although I was on a non resident alien status until July 2006. Do I need to file both Form 1040 and 1040 NR EZ or just one of them also how can I file it in turbo tax. Do I Need to file 1040 NR or 1040 NR EZ? Also Do...

Which TAX form I have to submit 1040 or 1040 NR [ 1 Answers ]

Hi I was on F1 status from Jan-2006 to May-2006 and had no income. From June-2006 to current I am on OPT status. I worked from August-2006 to December-2006 on OPT status. Which TAX return form I have to submit? 1040 or 1040 NR or I have to submit 1040 and 1040NR separately. Thank

Where to fill Standard deduction in 1040 [ 1 Answers ]

In form 1040 NR the standard decution for US India treaty of 5150$ has to be filled up in item 37 i.e. itemized deduction?

Dual status. What to fill in form 1040 NR [ 1 Answers ]

Dear AtlantaTaxExpert, I was on F1 for 2001 and mid 2002 for the duration of my MBA. Left the US by mid 2002. Moved to Europe and worked there for 2003, 2004 and the first three months of 2005. -In April 2005 I quit my job and came to the US on holidays for 45 days. Left the US for a couple of...

H1B Should fill 1040 or 1040NR [ 1 Answers ]

Folks, I know many people have asked this question a number of times. I am on H1B for the whole of 2005 and have been working in the US. I wanted to fill in my tax papers myself online. But Turbotax etc don't have the 1040NR form. All they offer is 1040 or 1040EZ. Can I fill in the 1040NR even...

View more questions Search