MFS and a RA (I think?)

[Skyfaring 3]

Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

[junkmart 320]

14 hours ago, Skyfaring said:

Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

I assume that since you have EAD, you also have a SSN. If so, then you should be good to file online.

 

You may want to consider MFJ. You may get a bigger return.

Edited January 30, 2019 by junkmart

[AstroCanada 206]

On 1/29/2019 at 5:06 PM, Skyfaring said:

Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

1) You definitely satisfy the substantial presence test at 349 days

2) You can also MFS.  You'll want to weigh whatever your student loan situation is against MFJ tax advantages.  

3) You only need to file on paper if you're a non-resident alien electing to file as a resident alien.  

4) Once you're a US resident, all foreign income is subject to US taxes.  You can take a credit for foreign taxes paid.  

[Skyfaring 3]

Thank you both for your help and huge apologies for my late response. I really appreciate you taking the time to respond. 🙂