GC Holder First Time Filing Taxes

[AKN2 49]

Hi, fellow VJers!

I moved to the US in September 2023 on an IR1 visa. I have recently (April, 2024) started working here.

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs. He says I don't need to file taxes this year as I had no US income until now. Is this true? And if I do need to file despite having no income, is it too late to do so? Will it create a problem if I file now?

Your advice is much appreciated.

[nastra30 2,284]

14 hours ago, AKN2 said:

Hi, fellow VJers!

I moved to the US in September 2023 on an IR1 visa. I have recently (April, 2024) started working here.

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs. He says I don't need to file taxes this year as I had no US income until now. Is this true? And if I do need to file despite having no income, is it too late to do so? Will it create a problem if I file now?

Your advice is much appreciated.

You guys won't continue filing as MFJ? 

2025 tax retun filing is for income made in 2024, 2024 filing is for income made in 2023, and so forth. So since you started working this year (2024), your US income will included in 2025 tax filing.

 

[nastra30 2,284]

6 minutes ago, nastra30 said:

 

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs.

And this should be my husband and I. It's a joint tax filing so you are equally filing with him whether your income is $0 or not. There's a reason he's filing MFJ because he's getting more money back in returns using his spouse (you). If he's filing as MFJ this year then you don't need to do anything extra, it's a joint filing. And the joint filing your income will be $0 if you earned no income last year. 

If you are guys are fling MFS this year, then you as an individual are not required to file if earned no income last year. Or you can still file with $0 income MFS, it's up to you.

Edited April 22 by nastra30

[AKN2 49]

To clarify, we will continue filing as MFJ. So does that mean I don't have to file separately if we continue filing as MFJ? Pardon my confusion and ignorance; I'm used to the Indian tax system and this is very new to me.

[AKN2 49]

52 minutes ago, nastra30 said:

my husband and I.

Good point

[nastra30 2,284]

1 hour ago, AKN2 said:

To clarify, we will continue filing as MFJ. So does that mean I don't have to file separately if we continue filing as MFJ? Pardon my confusion and ignorance; I'm used to the Indian tax system and this is very new to me.

Yes, you don't have to file separately if you and your husband continue filing as MFJ. MFJ is one tax return filing for you both. 

[AKN2 49]

3 minutes ago, nastra30 said:

Yes, you don't have to file separately if you and your husband continue filing as MFJ. MFJ is one tax return filing for you both. 

Great! Thank you so much. Appreciate your input.

[kzielu 1,149]

18 hours ago, AKN2 said:

Hi, fellow VJers!

I moved to the US in September 2023 on an IR1 visa. I have recently (April, 2024) started working here.

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs. He says I don't need to file taxes this year as I had no US income until now. Is this true? And if I do need to file despite having no income, is it too late to do so? Will it create a problem if I file now?

Your advice is much appreciated.

 

Did you have income in 2023 elsewhere ? If yes, you have to declare it (and you may fall under foreign income tax exclusion and not pay any tax to IRS). This will also make things easier (if you do file tax return) when you file N-400 and have to answer the question about whether you have ever not filed a tax return...

[AKN2 49]

1 hour ago, kzielu said:

 

Did you have income in 2023 elsewhere ? If yes, you have to declare it (and you may fall under foreign income tax exclusion and not pay any tax to IRS). This will also make things easier (if you do file tax return) when you file N-400 and have to answer the question about whether you have ever not filed a tax return...

I worked last year from January to August 2023 in India. I only became an LPR in June 2023. My income was (roughly) less than $9k in INR for these 8 months. Do I have to declare it? Also, since I will be filing MFJ along with my husband, will I still be asked why I didn't file taxes when I file N-400?

[kzielu 1,149]

55 minutes ago, AKN2 said:

I worked last year from January to August 2023 in India. I only became an LPR in June 2023. My income was (roughly) less than $9k in INR for these 8 months. Do I have to declare it? Also, since I will be filing MFJ along with my husband, will I still be asked why I didn't file taxes when I file N-400?

 

If you are filing, you have to declare your entire income, regardless where from - that you made in the tax year. It might be low enough to qualify for no filing but you are filing, where it was made doesn't matter in terms of having to report it but it does matter from perspective of paying tax on it.

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

 

https://www.irs.gov/forms-pubs/about-publication-519

 

These two pages should be of your and your husband's interest. You have to file since you do have GC, therefore substantial presence test does not apply. 

 

The question is still in N-400, you will just simply respond to it "No" (as you have never not filed a tax return - provided it is true going forward as well).

[Tesco 70]

Don’t forget to file FinCEN114 and 8938 if relevant.