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    athatipalli's Avatar
    athatipalli Posts: 1, Reputation: 1
    New Member

    Feb 26, 2007, 03:04 PM
    Do I qualify for Dual Status return?
    I have

    1. Never been in US before
    2. Arrived on 7th of July 2006 and will stay up to 25th of June, 2007. Total Stay for the year 2006 is 178 days. Currently on L1 Visa.
    3. Spouse does not belong to US.
    4. Had Indian income up to June 2006 in India.

    Please suggest if I would qualify for Resident return or Dual Status Return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,815, Reputation: 846
    Senior Tax Expert

    Feb 27, 2007, 11:43 AM
    If you file jointly with your wife, you can choose to be treated as resident aliens for ALL of 2006, but that makes your and your wife's 2006 India-based income subject to U.S. taxes. You must wait until May to file (to meet SPT), but, given that you will get $13,600 MORE in deductions than if you file as a non-resident or dual status alien, it MAY be worth it.

    If you need my professional tax help, contact me at

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