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    Shaly.Thakur's Avatar
    Shaly.Thakur Posts: 1, Reputation: 1
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    #1

    May 4, 2012, 07:02 AM
    Claiming spouse as a dependent on the Dual status return when she does not satisfySPT
    Spouse just has 35 days in the US. Taxpayer is filling him a dual status return
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #2

    May 4, 2012, 09:14 AM
    http://www.irs.gov/businesses/small/international/article/0, id=96433,00.html
    As a dual status alien you cannot file a joint return (and a spouse can never be claimed as a dependent).
    However, if the taxpayer is a resident alien at the end of the year, both can choose to be treated as resident aliens for the entire year.
    You would then be able to file a joint return. You would need to report worldwide income for the entire year for both of you, however you can use the foreign paid tax credit (form 1116) if you paid taxes on your foreign earned income in the foreign country. For your spouse you might be able to use the foreign earned income exclusion (form 2555) if she was abroad in 2011 for 330 days out of the 365.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    May 8, 2012, 01:39 PM
    Sorry, TaxForAliens, but that is NOT true.

    A person CAN file a dual-status return and claim spouse AND children as dependents on the dual-status return IF both sp[ouse and children spend at least SOME time in the United States.

    However, I concede that your option to file jointly is probably the best way to file tax-wise; it is, however, NOT the only option.
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