Tax return and non resident spouse

[Stef & Andrew 9]

I'mconfused on our tax situation this year, somewhat. We checked the substantial presence test, but my husband does not meet the requirements so he is still considered a non resident for tax purposes seeing as he also does not have his green card yet. I see, according to the IRS site, we can file with him as a resident if we elect to do so but have to send in a declaration stating so. I see that to do that, we cannot do an e-file but I also read bad stories about places like H&R block and Jackson Hewitt etc, not knowing this process. What other way would anyone recommend that would actually work in the end without any issues?

Also I read stuff on here about his foreign income, he doesn't have any, and didn't have any in 2014 because he never worked that year, he was only in school before he got here in July.

Edited February 9, 2015 by Stef & Andrew

[TBoneTX 45,288]

*** Thread moved from General Immigration Discussion forum to the Tax & Finances forum, where similar issues are often discussed. ***

[Nich-Nick 3,354]

I'mconfused on our tax situation this year, somewhat. We checked the substantial presence test, but my husband does not meet the requirements so he is still considered a non resident for tax purposes seeing as he also does not have his green card yet. I see, according to the IRS site, we can file with him as a resident if we elect to do so but have to send in a declaration stating so. I see that to do that, we cannot do an e-file but I also read bad stories about places like H&R block and Jackson Hewitt etc, not knowing this process. What other way would anyone recommend that would actually work in the end without any issues?

Also I read stuff on here about his foreign income, he doesn't have any, and didn't have any in 2014 because he never worked that year, he was only in school before he got here in July.

To choose for him to be treated as a resident alien for taxes requires a statement. I did my own taxes on TurboTax and printed the paper return and mailed it along with the statement we both signed. Because H&R Block, etc are set up to send returns electronically, you might have to ask them how they handle required signed statements. If you are not confident doing your own taxes, then print this page to show the tax preparer to review what statement you are talking about. http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Go to a bigger office, not a kiosk at Walmart. Ask for someone with a lot of experience.

[Stef & Andrew 9]

To choose for him to be treated as a resident alien for taxes requires a statement. I did my own taxes on TurboTax and printed the paper return and mailed it along with the statement we both signed. Because H&R Block, etc are set up to send returns electronically, you might have to ask them how they handle required signed statements. If you are not confident doing your own taxes, then print this page to show the tax preparer to review what statement you are talking about. http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Go to a bigger office, not a kiosk at Walmart. Ask for someone with a lot of experience.

So I could do it on turbo tax and just send in the papers I print with the statement? I always use turbotax so it would be very helpful if I can still use that! This is probably stupid, but is it fully done on turbo tax? Like they will give me the return, but I just send the paperwork I print at the end to the IRS? Also, do you happen to know the address all of this is sent to? Thank you for the help!

[Nich-Nick 3,354]

So I could do it on turbo tax and just send in the papers I print with the statement? I always use turbotax so it would be very helpful if I can still use that! This is probably stupid, but is it fully done on turbo tax? Like they will give me the return, but I just send the paperwork I print at the end to the IRS? Also, do you happen to know the address all of this is sent to? Thank you for the help!

I only use the installed cd desktop version, so I will tell you how that works. If you use online, see if you find similar.

When you finish TurboTax and all the final checks are satisfied, you can go to the Print menu. There are several choices. Print everything for your records which is a bunch of pages to file away for all the details. Or "Print for Filing", which will print only the pages the IRS needs. That will still generate a "Thank you for using TurboTax" page and some instructions how to file like "don't forget to sign your return" as well as an address where you will mail. The address depends on where you live and TurboTax knows your address and will pick the correct one.

Addresses are also found on IRS.COM http://www.irs.gov/uac/Where-To-File-Addresses-for-Tax-Professionals

[Nich-Nick 3,354]

Forgot to say, Paper returns require the W2 stapled to the front page of the 1040. You get several copies of the W2 and marked Copy A, Copy B, etc. One will be "for filing". I forget of that is B or C, but it is marked. The TurboTax instructions that print out will also tell you to attach the W2. The 1040 printout has a mark on the left side "Attach W2 here". See this 1040 and look for the attach words down by Line 9. http://www.irs.gov/pub/irs-pdf/f1040.pdf

Edited February 9, 2015 by Nich-Nick

[Stef & Andrew 9]

Forgot to say, Paper returns require the W2 stapled to the front page of the 1040. You get several copies of the W2 and marked Copy A, Copy B, etc. One will be "for filing". I forget of that is B or C, but it is marked. The TurboTax instructions that print out will also tell you to attach the W2. The 1040 printout has a mark on the left side "Attach W2 here". See this 1040 and look for the attach words down by Line 9. http://www.irs.gov/pub/irs-pdf/f1040.pdf

Thanks for the help! Hopefully I can get this sorted soon.