My wife became a permanenr resident in January 2011. How do we file taxes for 2010?

[sdchargers 0]

Hi,

I am a US citizen. My wife was a non resident alien (J1 student then J1 trainee) in 2010. She became a permanent resident mid January of 2011.

I am currently filling out our taxes (we are filing jointly) but I want to know if she has to fill out a 1040 just like me, or does she have to fill out the 1040 NR (US non resident alien income tax return). As a J1 trainee, she was paid by her employer.

Thanks for your help!

[xxtinaxx 14]

Hi,

I am a US citizen. My wife was a non resident alien (J1 student then J1 trainee) in 2010. She became a permanent resident mid January of 2011.

I am currently filling out our taxes (we are filing jointly) but I want to know if she has to fill out a 1040 just like me, or does she have to fill out the 1040 NR (US non resident alien income tax return). As a J1 trainee, she was paid by her employer.

Thanks for your help!

Because she was a non-resident for the whole year of 2010 and married you, USC by 12/31/2010, you can choose to treat her as US resident.If you make this choice, your wife is treated as residents for her entire tax year for the purpose of her federal individual income tax return, and for the purpose of withholding U.S. federal income tax from her wages. So basically if you make that choice, you and your wife must file jointly by using form 1040 and attaching a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

-A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

-The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

But you and your spouse can file joint or separate returns in later years.

From IRS, it states " If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year

Hope it helps.

Edited February 15, 2011 by xxtinaxx

[Haarp425 26]

Yes, I would agree; select married-filing jointly for 2010 Income Tax. You need to fill out only one (1) 1040 form for both of you. She does not have to fill out another 1040.