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    crysind's Avatar
    crysind Posts: 2, Reputation: 1
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    #1

    Feb 12, 2011, 01:57 PM
    F1 Non-resident alien- F2 Spouse tax
    I am a non-resident alien on F1 and my husband came to US last Apr 2010 on F2. So do I need to file any tax forms for my husband for year 2010? He is not eligible for SSN as he is not working. I am from India and I am a California resident, can I claim him as a dependent?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 12, 2011, 08:27 PM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your income you will get deduction based on tax treaty between the U.S. and India article 21(2). You can also claim exemption for your spouse if she did not have any income in 2010. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    crysind's Avatar
    crysind Posts: 2, Reputation: 1
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    #3

    Feb 12, 2011, 08:37 PM
    Comment on MukatA's post
    Thanks MukatA... Yes, my spouse came to US in April 2010 and didn't work last year. He don't have SSN or ITIN. So how to file tax for him? As per my understanding, being non-resident alien we can't file married jointly. So how to proceed in such a situation? Do I need to file W7 form for ITIN along with mine?
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