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g_kundarap · Jan 24, 2008, 09:17 PM

Hi all,

I had a question regarding my Tax liability for 2007. I was in the US on a F1 VISA as a graduate student. My fiancée came down on a B1/B2 visa in Nov 2006. We got married in the US itself and then left the USA to come back to India in June 2007.

Now after marriage I made changes in my W4 which enabled me to pay lower taxes as my wife was living with me in the US and was dependent on me. But now when its my turn to file taxes, I see that there is no way to claim my wife ( Non resident alien/ Tourist VISA ) as a dependent since I myself am a non resident alien ( F1 student VISA) .

Or is there?:confused: Could anyone help me out with this? If there is no way out I shall have to pay a large sum to the IRS from here in India and the exchange rate will just kill me. :(

Thanks !

MukatA · Jan 25, 2008, 03:58 AM

Normally, any one on F1 can claim only personal exemption. But as per tax treaty between India and the U.S. you can also claim standard deduction and exemption for your wife if she had no income in 2007.

With your nonresident tax return, you will attach form W7 (ITIN application) to get tax ID for your spouse.
You will also file form 8843, which is required from everyone of F1 visa.

You may also be exempt from FICA taxes if you did not complete 5 years on F1.

AtlantaTaxExpert · Jan 25, 2008, 08:06 AM

MukatA has it right.

If you file Form 1040NR, you CAN claim your wife as a dependent, which allows you to claim HER $3,400 personal exemption. She WILL need an ITIN, so the W-7 must be submitted with the return,

Your standard deduction (authorized under the U.S.-India Tax Treaty) will remain at $5,350.

g_kundarap · Jan 26, 2008, 10:38 PM

Thanks guys.

I shall do so !

AtlantaTaxExpert · Jan 28, 2008, 09:47 AM

Glad to help!