Discussion:Resident & Non-Resident Alien

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Thanks. Thanks.
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 +{{ForumReplyPost|UserID=LKfromCANADA|Date=4 January 2008|Text=1. A resident alien married to a nonresident spouse may file a joint return if they both make an election (See Publication 519).
 +2. You may also file Head of Household, however, you are not allowed a personal exemption for your children as they do not pass the Citizen or Resident Test. The dependants must be residents of the U.S.,Mexico or Canada.
 +3. You must have a reason to apply for an ITIN. i.e. you are filing a return, being claimed as a dependant on a return.
 +4. ITIN's are only applied for if your spouse/dependant is being claimed on your return.
 +5. To file a joint return, you must file as a resident for the year. You or your spouse must meet a residency test to file as a resident.
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 +Publication 519 is a good reference if you are uncertain. You can find it on the IRS website.
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Revision as of 18:37, 4 January 2008

Discussion Forum Index --> Advanced Tax Questions --> Resident & Non-Resident Alien
Discussion Forum Index --> Tax Questions --> Resident & Non-Resident Alien

Puru (talk|edits) said:

4 January 2008
Hello,

We have following question for your quick response.

1.A resident alien, who is married and provide full support to his Spouse and Childs lives in India, Can file tax return with filing status as Married Filing Jointly? 2.A resident alien, who provide full support to his dependents lives in India, Can file tax return with filing status as Head of House Hold? 3.An Indian person having passport but never go to US can apply for Individual Taxpayer Identification Number (ITIN) by completing & submitting the form W-7? 4.What are the benefits to apply for ITIN for spouse/dependent of non-resident alien visa holder? 5.If Taxpayer & Spouse have salaried income from US and both are non-resident in a Tax Year can file tax return with filing status as Married Filing Jointly?

Thanks.

LKfromCANADA (talk|edits) said:

4 January 2008
1. A resident alien married to a nonresident spouse may file a joint return if they both make an election (See Publication 519).

2. You may also file Head of Household, however, you are not allowed a personal exemption for your children as they do not pass the Citizen or Resident Test. The dependants must be residents of the U.S.,Mexico or Canada. 3. You must have a reason to apply for an ITIN. i.e. you are filing a return, being claimed as a dependant on a return. 4. ITIN's are only applied for if your spouse/dependant is being claimed on your return. 5. To file a joint return, you must file as a resident for the year. You or your spouse must meet a residency test to file as a resident.

Publication 519 is a good reference if you are uncertain. You can find it on the IRS website.

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