发信人: shishishishi (shishishishi), 信区: TAX
标 题: Re: Help! A complicated question serial....
发信站: The unknown SPACE (Wed Mar 13 09:41:15 2002), 站内信件
the 5-year is 5 calendar years (tax years). your
hubby should already filed tax for 5 times and last
year was resident alien for whole year. he could
choose to be treated as non-resident alien if include
a letter stating he has no intent to stay in the US...
see pub 519. however, doing so probably gives him and
you no benefits.
1042-S is just part of your income. all income show
on 1042-S can be exempted from tax for chinese students.
you could file jointly as resident (1040). you are
not his dependent. no spouses are dependents.
according to the tax treaty, both you and your hubby
should be able to claim the treaty benefit even you
file as resident aliens.
【 在 teapot (I love 胖茶壶) 的大作中提到: 】
: I worked by myself for a long while, but still can't handle it. Please help
: Here is the information of me and my husband:
: i was f-1 (including opt) for whole year 2001, and qualify for 1040 NR and
: 5000 treaty.
: he was f-1 (including opt) for whole year 2001, but in the middle of 2001, his
: stay length in US got to 5 years. And based on 519 pub, he is dual-status, and
: should file 1040.
: The question is:
: 1. Is 1040 the only choice for him?
: 2. Seems I could also file 1040 based on his status. But do we need to file
: jointly? And if jointly, does it mean I will be his dependant? Can I still use
: the treaty?
: 3. I am working for an education institute, and I got both w2 and 1042S. But
: how to use 1042S? I got only salary, no fellowship. I read 519, but didn't get
: Thanks for any help from you guys.
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