US Substantial presence test completing 181 days. – Money & Services

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Hi,

I am on H1B visa and entered US on 4th July 2008. So this financial year I completed 181 days & does not meet 183 days substantial presence test. I am going back to my country in 1st week of feb 2009.

Is there any way I can get tax benefit of Resident Alien?

If it is not possible to get benefit of Resident Aliens then what are other tax rebate that I can claim considering I am married with my wife on h4 and we have 4 yr old kid.

Thanks,
Neelus

Answer

No. you will file non-resident tax return. You will only report your U.S. income and not world wide income for 2008.
You will not get standard deduction. You will get $3,500 exemption deduction plus itemized deductions.
For 2009 also, you will file non-resident tax return.

Since you will be leaving in Feb 2009, you can not choose to file joint return as residents in 2008.

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