Ask Experts Questions for FREE Help !
Ask
    Trishala Raj's Avatar
    Trishala Raj Posts: 73, Reputation: 1
    Junior Member
     
    #1

    Feb 25, 2019, 07:41 PM
    Filing Status for H1b
    Hi,

    Came to US on H1b for the first time with spouse on July 10th 2018. What should my filing status be ? Both are Indian citizens.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,778, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 25, 2019, 09:25 PM
    Since you have not yet met the Substantial Presence Test, you have two options. You can:

    - file by yourself as a non-resident alien, filing Form 1040NR-EZ. Probably NOT the best choice, because there is NO personal exemptions anymore and you are NOT eligible to claim the standard deduction.

    OR

    - Wait until sometime in May and file a joint return with your wife. It WILL require you claim ALL world-wide income earned in 2018, but you can claim the Foreign Tax Credit for the Indian taxes you paid on the Indian salary.

    You will also need to apply for an ITIN.

    If you want professional help filing the return and apply for the ITIN, please email me at the email address in my profile.

    ATE
    Trishala Raj's Avatar
    Trishala Raj Posts: 73, Reputation: 1
    Junior Member
     
    #3

    Feb 26, 2019, 05:43 AM
    Thank you so much for your response. I have a doubt if they have an option for “ first year choice” where they claim themselves as residents and file MFJ.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,778, Reputation: 846
    Senior Tax Expert
     
    #4

    Feb 26, 2019, 08:26 AM
    They definitely have that option to file jointly as residents. I prepare dozens of such returns every year.
    Trishala Raj's Avatar
    Trishala Raj Posts: 73, Reputation: 1
    Junior Member
     
    #5

    Mar 1, 2019, 08:50 PM
    ATE, can they make “first choice “ to be residents now itself and file MFJ by April or should they file for extension and then file MFJ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,778, Reputation: 846
    Senior Tax Expert
     
    #6

    Mar 1, 2019, 09:24 PM
    They must file an extension and wait to file until late May.

    This is required so that they meet the Substantial Presence Test.
    Trishala Raj's Avatar
    Trishala Raj Posts: 73, Reputation: 1
    Junior Member
     
    #7

    Mar 2, 2019, 10:17 AM
    Thank you for your help
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,778, Reputation: 846
    Senior Tax Expert
     
    #8

    Mar 2, 2019, 10:29 AM
    Glad to help!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

H1B - resident alien filing with wife. Filing status for wife ? [ 3 Answers ]

I am an H1B - resident alien. (Nationality-Indian) I got married and my wife moved with me to US during September 2015. My filing status is Resident for both Federal and California What should be my Wife's filing status for Federal / California returns ?

Tax filing status - Married filing jointly or separately, without spouse's SSN [ 1 Answers ]

Hi, I have a query regarding income tax return filing status - to be filled as Married filing jointly or separately. I came to San Jose, CA, US in May 2013 & will be going back to India in Jan 2014. I am married & have 1 year old son. My wife & baby travelled to US just for 5 weeks, but...

Living & working in 2 different states w/ filing status Married Filing Jointly [ 4 Answers ]

My wife is a resident of NY and all of her income is from NY. I am a resident of GA and all of my income is from GA. If we are filing federal income tax married filing jointly, how do I file the state tax. I am using turbotax and its combining both NY and GA incomes for my GA tax return and will...

Filing status as Married Filing Jointly or Filing Separately [ 1 Answers ]

Hi, I have been in USA on L1 for the following time period: May 2006 to January 2007. August 2007 till Date. According to the substantial presence test, I completed my 183 days in US in November 2007. So during 2007 I was a dual status alien. My non-working spuose and year old...

H1B / H4 , filing status , dual status [ 1 Answers ]

I am an Indian Citizen who entered US along with my spouse for the first time on 30 March 2007 on H1-B Visa. Since then, I have not changed my visa status to any other visa and I have not travelled outside US. My spouse is on H4 visa. I have the following questions: 1. Am I dual status...


View more questions Search