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Posted by Herb Smith on November 4, 2006, 10:35 pm
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Sanjeev Bhatia wrote:
> I am working in US on H1 visa for year 2006 and my spouse is
> on H4 VISA. Now a company is processing H1 VISA for her
> which we are expecting to come by middle of December. and
> she will start working on middle of January.
>
> Now my query is that when I file tax return for 2006, then
> can I show my spouse dependent on me since she had not
> worked for the entire year although she got H1B visa.
>
> Another question is if she start working and I file return
> after that, in that case whether my wife would be considered
> dependent on me for year 2006?
First, let's clear up a gross misunderstanding about
dependents. A SPOUSE is never your dependent, whether she or
he works or not. When you file Married Filing Joint, you and
your spouse are each entitled to one exemption. Her income,
if any, is added to yours to arrive at Adjusted Gross Income
and you are taxed as a "marital community" (a single tax
entity).
Children, on the other hand, may be your dependents - even
if they work or have earnings - depending on several
dependency rules. Their income is taxed on their own,
separate, return, if one is required. Big difference.
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