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thenits · Jul 10, 2009, 09:53 AM

Hi, as per my understanding if I am not able to spend 183 in a calendar year then I will become non-resident alien and I will not be able take the benefit of dependent's exemption. Is there any other way I can avail this benefit?

AtlantaTaxExpert · Jul 10, 2009, 11:15 AM

It's not that simple.

What you say is true if you are under an L-1 or H-1 or H-1B visa AND if you are single.

If you are married, you can wait until you qualify for the Substantial Presence Test in 2010, then file jointly with your spouse and then both of you CHOOSE to be treated as resident aliens for all of 2009.

If you are J-1 or F-1 visa, you may be able to claim your dependent's exemption if you are from Canada, Mexico, India or South Korea.

thenits · Jul 11, 2009, 09:42 AM

Hi, thank you very much for this information. I am coming to US under L1 visa. I could not understand what you said about "wait until you qualify for the Substantial Presence Test in 2010". Could you please elaborate on this?

thenits · Jul 11, 2009, 09:45 AM

Originally Posted by AtlantaTaxExpert

It's not that simple.

What you say is true if you are under an L-1 or H-1 or H-1B visa AND if you are single.

If you are married, you can wait until you qualify for the Substantial Presence Test in 2010, then file jointly with your spouse and then both of you CHOOSE to be treated as resident aliens for all of 2009.

If you are J-1 or F-1 visa, you may be able to claim your dependent's exemption if you are from Canada, Mexico, India or South Korea.

Hi, thank you very much for this information. I am coming to US under L1 visa. I could not understand what you said about "wait until you qualify for the Substantial Presence Test in 2010". Could you please elaborate on this?

AtlantaTaxExpert · Jul 13, 2009, 07:09 AM

I WILL elaborate if you qualify by being married.

What is your marital status?

thenits · Jul 13, 2009, 08:06 PM

Originally Posted by AtlantaTaxExpert

I WILL elaborate if you qualify by being married.

What is your marital status?

Yes, I am married. My wife is coming with me on L2 Visa and she would not work.

MukatA · Jul 14, 2009, 12:00 AM

If you are married and have not completed SPT in the first year, you can still file joint return as residents for that year as First Year Choice. The requirement is that you will file only after you meet SPT in the next year.

You both will get standard deductions and exemptions. You both must declare worldwide income for the year. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).