发信人: catzhao (andy), 信区: TAX
标 题: Answer from IRS about H1 and F1 couple
发信站: The unknown SPACE (Thu Mar 15 15:11:56 2001), 站内信件
My situation: F1 with RA scholarship so I'm NR
My wife: H1B for a whole year of 2000 so she is R
I was wondering if we can file as single, or if filing jointly whether I
can still claim $5000 treaty. IRS said no to both.
Below is the an email anwer from IRS about H1 and F1 couple:
"You cannot file as single because you are married. Your filing status
would be married filing seperately if you filed seperate returns. If a
resident alien spouse chooses to file jointly with a nonresident alien
spouse, then no treaty benefits are available. I hope this information
So we have to either pay marrage penalty if we file separately as married,
or lose the $5000 treaty if we file jointly.
※ 来源:．The unknown SPACE bbs.mit.edu．[FROM: 184.108.40.206]