# Filing returns 2013 for Working from India on US payroll



## NewEK (Jan 23, 2014)

I had been on US pay roll in 2013. I was working remotely for an US company from India with Valid H1 visa. I had moved to India in 2012 as my husband's visa expired. Following are the doubts I have:

This year I am planning to file US 2013 returns online

1)I am planning to do it as married filing jointly like 2012. My husband won't have any W2 in this case. Is this the right one ?

2) Can I show I was not residing in US ?

3) If I show I was not present in US, then will I get the state tax refunded ?

4) I am planning to show our son (US citizen) as dependent too. I hope there is no problem in this.

Thank you in advance!


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## Bevdeforges (Nov 16, 2007)

If you have returned to India and neither one of you is a US citizen, you may want to look into filing as a non-resident. Taxation of Nonresident Aliens

I would think twice about filing jointly with your husband, as he has no US filing or taxation obligation (if he hasn't been living or working in the US for the entire 2013 tax year) and if you file jointly, he will have to report any and all income he makes.

To show that you are not residing in the US, you simply use your current address in India as the address you are filing from. (On either the 1040 or the 1040NR form.)

To get the state tax refunded, you will need to file a state tax form - generally the states also have an NR form (non-resident) - to indicate that state taxes were withheld even though you were not living in the state. Expect a bit of a hassle (or maybe just a delay) in getting those withholdings back, since your employer was obviously reporting a "false" address for you.

To take your son as dependent, he will need a social security number and you need to meet the requirements regarding support, etc. Use this questionnaire from the IRS website: Who Can I Claim as a Dependent?
Cheers,
Bev


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## NewEK (Jan 23, 2014)

Thanks a lot Bev!


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