Tax filing for L1 visa holders non resident alien married – Money & Services

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Hi,
I am in US since 5-Aug-09 in L1 visa, I am with my family(wife and 2 year old daughter).
When I filled W4, I was asked to enter as Non-Resident Alien and single.When I file tax, can I claim my wife and daughter as dependants or as I non-residendant alien, I am not entitled to claim for dependants, please advise, thanks
Suresh S

Answer

You have two choices:
1. File nonresident tax return Form 1040NR. You can also deduct moving expenses. Use form 3903.

2. File joint return as residents and claim your child (Form 1040). You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you and the child. You will also get child tax credit. To file joint return, you must wait till you complete SPT in 2010. Your U.S. Tax Return: Substantial Presence Test

You must both declare your worldwide income for 2009. 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). 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 child and attach with your tax return. You can also deduct moving expenses. Use form 3903.

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