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    amit2009's Avatar
    amit2009 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 10, 2009, 12:16 PM
    H1 filing Tax return for 2008 as married while my wife and kid came to US in 03/2009
    Hi

    Need help. I'm working here on h1b since apr2008. But my wife and 4 yr. old kind joined me here in US on March 2009.

    1. Am I eligible to file tax return as married and claim benefits for the same. If yes what is the process. ( I consult CPA, he is suggesting I can claim family benefits.)

    2. I heard that; if any one wants to claim family benefits in tax return for that year spouse and kid must be here before Dec 2008. Please clarify/suggetion?

    3. If I am eligible to claim family benefits? Appreciate if you provide any kind of IRS document which state that yes I can eligible to claim family benefits.

    4. Let say today I filing the tax return as married and IRS audit my case and rejected my claim? Ask me to file as single only. In this case IRS will post any kind of penalty and charges. If so what are they and what is the solution.

    Highly Appreciate your early input on the same...

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 10, 2009, 07:13 PM

    You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,900 and exemptions for both of you. You can not claim you kid as dependent in 2008.

    You must both declare your worldwide income for 2008. 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). Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

    You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.

    You can also deduct moving expenses. Use form 3903.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
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