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    H1Newbee's Avatar
    H1Newbee Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 4, 2009, 05:29 PM
    H1B with dependants first time filing - resident status
    Hi,

    I came to US on H1B in Mar 2008, 27th. This is the first time I will be filing my taxes. I have a SSN. I worked in NY till Jun 26th and went back to india worked there till Sep 10th and I got my salary in USD when I was in india. Came back to DE worked there till Oct 26th and now I am working in PA.

    I would like to know, how I should claim resident status for each state and federal filing? Am I eligible for child tax credit, if filing for the first time?

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

    Feb 4, 2009, 11:18 PM

    You can file resident tax return as Married Filing Jointly. If you completed SPT in 2008, then you can file your tax return any time. Else, you will have to wait for to file your tax return till you meet the Substantial Presence Test in 2009. Read Your U.S. Tax Return: Substantial Presence Test

    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. File form 1116 to get foreign tax credit.

    You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 10, 2009, 02:38 PM
    Amar:

    You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.

    The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

    Even with the downside, this is probably the best way for you to file.
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