First year choice and exemptions

[fercat]

Is Publication 519 (2008) the latest info on this respect? Is it applicable for 2009?

If so, can someone confirm the following:

1) even if the substancial presence and green card are not met, I can file and extension and wait until the substantial presence test is met and then file dual status, and take advantage of the exemptions (4 dependents, first time home owner, etc)

2) How I deal with the income in my country, Do I need to pay tax here in the states for the income in my country previous to arriving to the states? (i am not indian, candian, mexican, or south korean). Arrived August 30, 2009.

Thanks

[Atlanta Tax Guru]

The 2008 version of IRS Pub 519 IS the latest version available. However, keep checking, because March is normally when the IRS publishes the annual version of IRS Pub 519.

1) Yes, but you will file JOINTLY with your spouse rather than file dual-status after you meet the Substantial Presence Test.

2) Yes, you claim wages and other world-wide income received on your joint return, then file Form 1116 to claim the Foreign Tax Credit for foreign income taxes paid on that income.

If you want help filing, contact us at taxexpert@visataxes.com.