# USA tax filing queries for previous H1



## nextgoal (Dec 27, 2013)

Hi ,

Iam an Indian and , lived and worked in the following countries in 2014

Jan 2014 to Jul 2014 - USA - on H1B visa
Aug 2014 to Nov 2014 - India
Dec 2014 - Australia

Now that i have to file taxes in US for 2014 , I have few queries . Please provide your inputs in case any of you know answers.

1) I lived(200 days) in the US with my spouse and child . My spouse was on H4 and did not work during that time. Do I have to file the taxes jointly as resident of USA in 2014?

2) I have earnings in India(from Aug to Nov) and Australia(for Dec) for the year 2014 . Do I have to show the earnings as foreign earnings and pay tax(fedaral and state) for the foreign earnings in the USA ? Note : Tax was already deducted at the source for India earnings in India and Australia earnings in Australia.

3) Can I claim child care credit for the year 2014 as my child lived with me for 200 days in the USA?

Any inputs are greatly appreciated.

Thanks in advance for your help.

Best Regards,


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## BBCWatcher (Dec 28, 2012)

nextgoal said:


> Do I have to file the taxes jointly as resident of USA in 2014?


You have to file a U.S. tax return. Your spouse can decide whether or not she wants to participate in a joint tax filing with you (if you're agreeable), but it's her decision. From your description she has no U.S. tax filing obligation. From the perspective of the household it would be financially advantageous if you agree to file a joint return together, but...it's her decision.

As far as the rest of your questions, you're what's considered a "dual status alien" during tax year 2014 since you left the U.S. during the tax year. So you would follow the filing instructions associated with dual status. That means both a 1040 and 1040NR. You will not be taxed on your post-U.S. residence income, but you'll need to follow the instructions about how you report it. Refer to IRS Publication 519 for details.



> Can I claim child care credit for the year 2014 as my child lived with me for 200 days in the USA?


Only if you file a joint tax return and otherwise meet the qualifications. You cannot claim child and dependent care expenses incurred after you left the U.S.


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## nextgoal (Dec 27, 2013)

Thanks a ton BBCWatcher , the information is helpful

Best Regards,


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