Substantial Presence with a US spouse for tax purposes

[Ahoy01 31]

Hello there,

 

So I just realised according to IRS laws I am considered as a US resident for tax purposes, as I have spent significant amount of time in the US (that is with in the time allowed on my b1/b2 Visa). Now because of meeting the substantial presence test, I have to file taxes in the US. Can I just jointly file it with my wife, or do I have to do it in any separately?

 

If we can do it together, do have to attach note explaining I met the substantial presence test and I am married to an American?

 

Thank you

[payxibka 10,045]

9 hours ago, Eli01 said:

Hello there,

 

So I just realised according to IRS laws I am considered as a US resident for tax purposes, as I have spent significant amount of time in the US (that is with in the time allowed on my b1/b2 Visa). Now because of meeting the substantial presence test, I have to file taxes in the US. Can I just jointly file it with my wife, or do I have to do it in any separately?

 

If we can do it together, do have to attach note explaining I met the substantial presence test and I am married to an American?

 

Thank you

Do you have US  income?

What is your status?  If any

Your wife will file as married. The question is whether if is separate or joint

Edited January 10, 2018 by payxibka

[Ahoy01 31]

19 minutes ago, payxibka said:

Do you have US  income?

What is your status?  If any

Your wife will file as married. The question is whether if is separate or joint

I dont have any income in the US.

I currently dont have any status resident status in the US. Just a b1/b2 visa and I have spent a lot of time visiting my under the visitor catagoery (enough time to be considered resident for tax purposes)

 

Well would prefer to file jointly, because it appears I need to file taxes as well. But questions is can people with substantial presence with an american spouse file with their spouse jointly?

[payxibka 10,045]

Substantial presence is only one tenet. 

If you were not married to a USC and met the substantial presence test, what income would you report?

 

You have always had the ability to file a joint return with your USC spouse.  If you do, that then it pulls in your worldwide income and may in fact create a larger tax liability than doing separate returns.