E-File Taxes as MFJ with Nonresident Alien Spouse

[MalloryCat 219]

hello all,

 

with the filing of taxes coming up, I was looking for some guidance cause I can't really find any information other than what Google AI tells me and various other things that aren't exactly what i'm looking for. I have zero understanding when it comes to taxes as i've always had very simple taxes to file (single,W2 only, just recently includes a 1099-INT and 1099-SA)

 

background:

my husband (then fiance) moved here on a K-1 in november 2024, we got married in december 2024. He has a SSN.

So I am filing my taxes as MFJ.

I know we need to submit a statement along with the taxes to state my husband should be treated as a resident alien for tax purposes.

 

using the IRS free file tool, i found a filer that allows me to mark him as a nonresident alien, but treat as a resident alien, and lets me add in a statement as such. it doesn't however attach like an e-signature to the statement.

 

can I e-file this way? If i can avoid filing through the mail I would love to do that. as it takes so much longer. and feels much more stressful lol

 

whenever I try to look this up the only thing I see is referring to a nonresident alien spouse who doesn't  have a SSN or ITIN. But I swear I feel like I can find nothing for a nonresident alien spouse who does have a SSN.

 

I've only found thing that says a SSN is required for e-filing, but it doesn't specify if that applies to a nonresident alien as well.

 

I know I still have awhile to file taxes, but I like to get it done and over with because it stresses me out lol

 

any clarification is appreciated!

[Crazy Cat 42,099]

If he has a SSN, you are fine to E-file jointly.  If you file MFJ, he MUST be treated as a tax resident for the full calendar year. I would just file a normal electronic return.....but you must report entire year, world-wide income for both spouses even though you were married in December.

 

 

Edited Thursday at 07:21 PM by Crazy Cat

[milimelo 4,541]

Wouldn't he be a RESIDENT alien now that he's in the US? File away MFJ, you've got his SSN. 

[MalloryCat 219]

2 minutes ago, milimelo said:

Wouldn't he be a RESIDENT alien now that he's in the US? File away MFJ, you've got his SSN. 

 

i assumed resident meant that he has a greencard. which at this point he does not. and he more than likely won't when I file.

 

[Crazy Cat 42,099]

11 minutes ago, milimelo said:

Wouldn't he be a RESIDENT alien now that he's in the US? File away MFJ, you've got his SSN. 

Not by definition. He would not pass the Green Card test or the substantial presence test. 

 

Nonresident aliens | Internal Revenue Service

"An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

 

 

However, since they are filing a joint return, he will be treated as a resident alien.  I'm not sure why they even require a letter if filing a joint return since a joint return requires both spouses to report full year income.

 

 

Edited Thursday at 07:57 PM by Crazy Cat

[MalloryCat 219]

*deleted paragraph*

the 2024 tax info was found thankfully

 

but this questions still stands, if this would be the correct place for it, or if I should look somewhere else in this program

 

the program i'm using only has an option for "foreign employer compensation". I can't find anything else that would apply I don't think

and this is all it asks from under neath that

Edited Thursday at 08:02 PM by MalloryCat

[MalloryCat 219]

also, if its in euros, should i put the actual USD amount?

[Crazy Cat 42,099]

4 minutes ago, MalloryCat said:

also, if its in euros, should i put the actual USD amount?

US tax form incomes must be listed in USD.  The IRS publishes an annual average exchange/conversion rate document. 

Yearly average currency exchange rates | Internal Revenue Service

Edited Thursday at 08:10 PM by Crazy Cat

[Gabriel5454 21]

You are getting a lot of incorrect information in this thread.  First, read this link to determine if your husband is already considered a resident for tax purposes.  Since you said he does not have a green card, then he must satisfy the substantial presence test, otherwise he is most likely a non-resident for tax purposes.  Next, carefully read this page.  On that page is another link to a page which explains how to make the election to treat your spouse as a resident for tax purposes.  It says very clearly how to make this choice:

Quote

How to make the choice
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
    1    A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
    2    The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

The fact that your husband has a social security number does not imply that he is a resident for tax purposes.  The fact that he has applied for permanent residency also does not imply this.  You need to make the election.  (I am not an accountant, feel free to do your own research too!).

[Crazy Cat 42,099]

15 hours ago, Gabriel5454 said:

The fact that your husband has a social security number does not imply that he is a resident for tax purposes.

I don't think anyone implied that.  I said a SSN allows E-filing.  As stated in one of my posts above, if he does not have a Green Card, and he does not pass the substantial presence test, he is a non-resident alien. 

 

Nonresident aliens | Internal Revenue Service

"An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

 

In addition, in order to file a joint return, he must be treated as a resident alien.

 

Nonresident — Figuring your tax | Internal Revenue Service

"Generally, you cannot file as married filing jointly if either spouse was a nonresident of the U.S. at any time during the tax year."However, nonresidents married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. 

Edited 11 hours ago by Crazy Cat

[MalloryCat 219]

so if he doesn't pass the substantial presence test, can i file MFJ at all?

 

or for example, with TaxSlayer, it doesn't ask me at all if my spouse is a NRA, whether setting the filing status as MFJ or MFS.

with OLT, i can only mark him as NRA if I change the filing status to MFS, but I can't add his social security number

with 1040.com with either MFJ or MFS, it lets me mark him as NRA, and I can add his social security number, but it automatically assumes that marking him NRA means he doesn't have a SSN or ITIN even though I input it and it tells me i have to mail in it in to file.

 

or should i just go the H&R Block and have them tell me what to do 😂😂

 

[Crazy Cat 42,099]

25 minutes ago, MalloryCat said:

so if he doesn't pass the substantial presence test, can i file MFJ at all?

Yes.  He, as a non-resident alien,  can file a joint return if he wants to be treated as a resident alien for tax purposes for the entire year.  I would just E-file as MFJ.  

 

The IRS says ".... nonresidents married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. "

 

Unless the 1040 changed for 2024, it doesn't even ask about resident status if filing a joint return.

 

Edited 10 hours ago by Crazy Cat

[mam521 2,153]

@MalloryCat you guys may want to find a tax expert who can help with the German and US returns, at least for this year because it is complicated.  

 

@Gabriel5454 please fill out your timeline https://www.visajourney.com/timeline/profile.php?id=398581

[JeanneAdil 6,610]

You must express the amounts you report on your U.S. tax return in U.S. dollars. If you receive all or part of your income or pay some or all of your expenses in foreign currency, you must translate the foreign currency into U.S. dollars. 

 

From IRS site

Foreign currency and currency exchange rates | Internal Revenue Service

 

you will use form 2555 to exclude the foreign income according to form up to the $126,500 allowed

[MalloryCat 219]

9 minutes ago, mam521 said:

@MalloryCat  you guys may want to find a tax expert who can help with the German and US returns, at least for this year because it is complicated. 

i think that is my plan

i already hated taxes in the first place

this process just makes it worse😂