spouse changed visa from h4 to h1

I am working in US on H1 visa for year 2006 and my spouse is on H4 VISA. Now a company is processing H1 VISA for her which we are expecting to come by middle of December. and she will start working on middle of January. Now my query is that when I file tax return for 2006, then can I show my spouse dependent on me since she had not worked for the entire year although she got H1B visa. Another question is if she start working and I file return after that, in that case whether my wife would be considered dependent on me for year 2006? Thanks, Sanjeev

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Reply to
Sanjeev Bhatia
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First, let's clear up a gross misunderstanding about dependents. A SPOUSE is never your dependent, whether she or he works or not. When you file Married Filing Joint, you and your spouse are each entitled to one exemption. Her income, if any, is added to yours to arrive at Adjusted Gross Income and you are taxed as a "marital community" (a single tax entity). Children, on the other hand, may be your dependents - even if they work or have earnings - depending on several dependency rules. Their income is taxed on their own, separate, return, if one is required. Big difference.

Reply to
Herb Smith

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