Dual Status check box: to check or not to check?

[midwinterrose 275]

Hey everybody,

 

I am just about done putting together our taxes; filing MFJ and electing for the LPR spouse to be treated as a full-year resident.  I know I have to write a separate statement to that effect, but I'm uncertain if I'm supposed to check the box that asks about Dual Status, since my spouse technically is, or leave it un-checked because we will be opting to not be treated as dual-status?  What have you guys done successfully?  Thanks!

[Lil bear 4,163]

4 minutes ago, radharose said:

Hey everybody,

 

I am just about done putting together our taxes; filing MFJ and electing for the LPR spouse to be treated as a full-year resident.  I know I have to write a separate statement to that effect, but I'm uncertain if I'm supposed to check the box that asks about Dual Status, since my spouse technically is, or leave it un-checked because we will be opting to not be treated as dual-status?  What have you guys done successfully?  Thanks!

Unchecked as choosing to be treated as a tax resident for the whole years negates the dual status option 

[ThomasNC1988 762]

I don't remember doing this at all. I just filed normally with CreditKarma Tax about 2 weeks after she got her SSN and did the same as I would for a USC. If I did something wrong it didn't get caught. That is not to say you should do it that way, but that was how I understood it to work.

[Wuozopo 4,293]

1 hour ago, radharose said:

Hey everybody,

 

I am just about done putting together our taxes; filing MFJ and electing for the LPR spouse to be treated as a full-year resident.  I know I have to write a separate statement to that effect, but I'm uncertain if I'm supposed to check the box that asks about Dual Status, since my spouse technically is, or leave it un-checked because we will be opting to not be treated as dual-status?  What have you guys done successfully?  Thanks!

Don’t confuse IRS and immigration. You chose for her to be resident for full year for tax purposes. And a dual status return can’t be a joint return. 

[Wuozopo 4,293]

54 minutes ago, ThomasNC1988 said:

I don't remember doing this at all. I just filed normally with CreditKarma Tax about 2 weeks after she got her SSN and did the same as I would for a USC. If I did something wrong it didn't get caught. That is not to say you should do it that way, but that was how I understood it to work.

 It’s wrong, but if the IRS catches it, you may not hear from them until next year or the year after.  They don’t check very often. Did you report her foreign income as you were supposed to?

[ThomasNC1988 762]

5 minutes ago, Wuozopo said:

 It’s wrong, but if the IRS catches it, you may not hear from them until next year or the year after.  They don’t check very often. Did you report her foreign income as you were supposed to?

Well the good news for me was she didn't have any.

[midwinterrose 275]

Thanks everyone for the feedback!