n*****m 发帖数: 3 | 1 If you (the H1 husband) meets the substantial presence test, u r a resident
alien for tax purpose. Then u can choose to treat the NR spouse as a
resident. So u can file jointly. Then u can claim education credit on
your return. Beware that there is a worksheet for calculating the credit.
Not all qualified tuition is credit. If u make the choise, neither u nor
ur lp can claim tax treaty benefit lah.
So there are two choices
1)file seperately, $5000 exemption
2)file jointly, education credit
Compa |
|