Taxes, changed status and got married

[t_15 0]

Hello everyone,

I started to work in January 2015 on OPT still on my F-1 visa. I got married to my girl friend in may 2015 and started the green card process. I am still waiting for our interview to be scheduled, I got the new EAD and started to use it at the expiration of my OPT (21st of december).

Being french, I know that there is a tax treaty between France and the USA that says : "France income tax treaty allows an exemption of $5,000 per calendar year for personal services income earned by a student for a period of five calendar years from the date of the student's arrival in the U.S. "

How am I supposed to fill my taxes to get the best return ? fill jointly ? how can I make sure the tax treaty applies ?

Thanks for your help guys.

[Nich-Nick 3,354]

You should read IRS Publication 519. Figure out if you are non-resident alien, resident alien, or a dual status alien. If you wish to file jointly by declaring yourself a resident alien for the entire year because of marriage to a USC, figure out if you also keep your French student perks. There are instances when choosing one option precludes you from double dipping with another option. It's a long and tedious read but a place to start studying. You might want to order a paper book copy from the IRS so you can highlight important things and cross out things that are not your situation. There is a lot of "see chapter 3" and jumping around to find things which can get crazy on a computer screen. Order https://www.irs.gov/uac/Forms-and-Publications-by-U.S.-Mail

Work though all your options with your figures to find an answer because one size does not fit all when it comes to income tax.

[t_15 0]

I am definitely a U.S resident for tax purposes as I meet the requirements for the presence test.

Will I still be able to take advantage of the France/USA tax treaty?

I am not a permanent resident yet as i haven't received my green card. Can I still file taxes jointly? Is it better to file jointly or not?

[Nich-Nick 3,354]

In general a joint return is better than each of you filing Married Filing Separately.

A Non-resident has to file a NR return so can't file with a USC, but you said you are a resident for tax purposes so you can file jointly.

I know nothing about Tax treaties with France.

[aaron2020 11,651]

Hello everyone,

I started to work in January 2015 on OPT still on my F-1 visa. I got married to my girl friend in may 2015 and started the green card process. I am still waiting for our interview to be scheduled, I got the new EAD and started to use it at the expiration of my OPT (21st of december).

Being french, I know that there is a tax treaty between France and the USA that says : "France income tax treaty allows an exemption of $5,000 per calendar year for personal services income earned by a student for a period of five calendar years from the date of the student's arrival in the U.S. "

How am I supposed to fill my taxes to get the best return ? fill jointly ? how can I make sure the tax treaty applies ?

Thanks for your help guys.

Hi,

Key word here is "student." You were a student while you worked on OPT off the F-1. Once you started working off the EAD, you were no longer a student. Once an F-1 accepts a benefit of AOS, the person is no longer on the F-1 and is no longer a student.

You may be able to use the exemption on income while on OPT. You can not exempt the income while working on an EAD.

International taxes in not a DIY. You should consider paying a few hundred dollars to a real accountant to do your taxes for this year.

Best of luck