Resident or non resident alien for tax purposes !!!

[Coco35 0]

Hello,

I came to US with F1 visa in 2010 and I went out of status in 2011 and never left US ever since I got here. My husband and I need to do our 2013 taxes. When me and my husband do our 2013 taxes, do we need to write a letter explaining I will be treated as a resident alien for tax purposes ,or am I already resident alien for tax purposes and no need to write the letter ? If we don't need to write a letter, how will IRS believe that I physically here for four years ?

Thank you

[Merrytooth 5,748]

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

To meet the substantial presence test, you must have been physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count:
   • All of the days you were present in the current year, and
   • One-third of the days you were present in the first year before the current year, and
   • One-sixth of the days you were present in the second year before the current year.

[Coco35 0]

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

To meet the substantial presence test, you must have been physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count:
   • All of the days you were present in the current year, and
   • One-third of the days you were present in the first year before the current year, and
   • One-sixth of the days you were present in the second year before the current year.

I think I meet substaintial presence test but I don't know how IRS will accept if I treat myself as a resident alien since I have no proof that can show I was here for 183 days. And also, I never filed anything before to IRS .

[Harpa Timsah 13,258]

Just choose to be elected a resident for tax purposes.

[KayDeeCee 4,893]

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

Edited February 8, 2014 by Jay-Kay

[mrjack 9]

File a joint income tax return with your husband and you will automatically be considered a resident alien for tax purposes.

Under certain circumstances though it can be advantageous for your husband to file as a head of household which he is eligible for if he has a dependent other than you. For example, if he would otherwise qualify an earned income credit.

[KayDeeCee 4,893]

You are not automatically considered a resident just by filing. The link I posted above states what it is needed in order for a non-resident to be treated as a resident.

[Coco35 0]

Just choose to be elected a resident for tax purposes.

thank you, we will choose that.

File a joint income tax return with your husband and you will automatically be considered a resident alien for tax purposes.

Under certain circumstances though it can be advantageous for your husband to file as a head of household which he is eligible for if he has a dependent other than you. For example, if he would otherwise qualify an earned income credit.

Thanks, Since I am the only dependent, we will just do MFJ .

Edited February 9, 2014 by Coco35

[Coco35 0]

You are not automatically considered a resident just by filing. The link I posted above states what it is needed in order for a non-resident to be treated as a resident.

that is what we need to do to treat me as a resident alien for tax purposes. What I want to know is can we just write a statement by ourselves , signed by us ? do we still need to go to nearest IRS office to get the atach statement done ?

How to Make the Choice

Attach 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:

1. 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
2. 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.)

[aaron2020 11,651]

For tax purposes, you are a full time resident based solely on the physical presence test.

[Coco35 0]

File a joint income tax return with your husband and you will automatically be considered a resident alien for tax purposes.

Under certain circumstances though it can be advantageous for your husband to file as a head of household which he is eligible for if he has a dependent other than you. For example, if he would otherwise qualify an earned income credit.

So I am looking through about earned income credit, DO you think we would qualify earned Income credit for 2013 tax year if we are doing MFJ and I am his only dependent ?

[Coco35 0]

Okay, so that is what Earned income Credit instructions say

"To claim EIC, you and your spouse must have valid SSN. If your social security card reads “Valid for work only with INS authorization” or “Valid for work only with DHS authorization,” you have a valid SSN, but only if that authorization is still valid."

I was issued SSN ( valid only for work with DHS authorization ) while I was in school for working on campus . Since now I am out of status ,my DHS is not valid anymore, My husband and I are going to do the tax for 2013 , how will IRS consider my SSN if I enter my SSN ?

According to EIC instructions, SSN is valid only if DHS is valid .

SO even if we don't claim EIC, can we still use my SSN to do taxes as MFJ and how will IRS consider my SSN ?

That is really confusing, I thought I can just use my SSN for tax and, when we search about EIC thing, I found out how IRS consider what valid SSN is.

Hope somebody knows the answer.

Thank you

Edited February 11, 2014 by Coco35

[f&c 50]

The way I understand it is that you can use your SSN to file your taxes, but ineligible to claim EITC. When you are able to obtain a SSN that is valid for employment, you can amend your return.

http://www.irs.gov/Individuals/Social-Security-Number-and-Claiming-EITC

[Coco35 0]

The way I understand it is that you can use your SSN to file your taxes, but ineligible to claim EITC. When you are able to obtain a SSN that is valid for employment, you can amend your return.

http://www.irs.gov/Individuals/Social-Security-Number-and-Claiming-EITC

Thank you very much f & c. I will amend my return to get EITC later on.

[f&c 50]

Thank you very much f & c. I will amend my return to get EITC later on.

No problem. Good luck!