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tax return H1 and J1 couple

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  • tax return H1 and J1 couple

    Dear everyone,
    I have a question for tax return. My situation is as the following:
    I hold H1 visa and my wife hold J1 visa. I need to pay the federal tax but she do not. Shall we claim the tax together? If yes, shall we use 24,000 deductible together? Or because my wife used the treaty to waiver federal tax. Even we claim the tax together, we just can use 12,000 deductible. Thank you!

  • #2
    Originally posted by bat150 View Post
    Dear everyone,
    I have a question for tax return. My situation is as the following:
    I hold H1 visa and my wife hold J1 visa. I need to pay the federal tax but she do not. Shall we claim the tax together? If yes, shall we use 24,000 deductible together? Or because my wife used the treaty to waiver federal tax. Even we claim the tax together, we just can use 12,000 deductible. Thank you!
    If you file jointly, you will have a 24000 standard deduction. If you file separately, you will have a 12000 standard deduction. Married Filing Jointly also has the advantage that the brackets are twice as high as Married Filing Separately. In order to file jointly, you will need to make both of you residents for the entire year. Even if she is otherwise a nonresident alien this year, she can still choose to file jointly with you (a resident alien) and be treated as a resident alien for the entire year.

    J1 have to pay tax on their income, unless it is exempted by a tax treaty. Some tax treaties apply to residents as well as nonresidents, whereas other tax treaties only apply to nonresidents. You need to look at her specific tax treaty to make sure. If her treaty applies to residents too, then I think it would probably make sense to file jointly. However, if her tax treaty does not apply to residents, then you would need to consider whether joint filing is worth loss of the treaty exemption of her income from tax.

    This is my personal opinion and is not to be construed as legal advice.

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