Joint Return???

Feb 25, 2021 Last reply: 5 years ago 4 Replies

I got a question and don't even know where to start looking for an answer to this. Any insight would be appreciated.



Taxpayer is noncitizen in the US on an H-1B visa. His wife is also not a US citizen or US resident, and is not living with her husband. Wife has no US income, and does not have a Social Secureity (or any other TIN) number.



Taxpayer wants to know if he can file a joint return. My sense is that the answer is "no" but I don't know what that's based on, so I don't want to give information that may turn out to be incorrect.



Any thoughts?



Thanks.


In article <XnsACDBB6FC1C983spamtraplexregiacom@130.133.4.11> you write:

H1-B usually makes the person a resident alien, so see Publication 519.

It has a box near the top "I am a resident alien and my spouse is a nonresident alien. Are there special rules for us?"

There appears to be a rule that the nonresident spouse can elect to be treated as resident so they can file a joint return. There are also some special rules about when community property rules apply.

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"John Levine" snipped-for-privacy@taugh.com wrote in news:s179o0$28uk$ snipped-for-privacy@gal.iecc.com:

Thanks John. That's exactly what I needed.

Just don't forget that this person is married. If the spouse does not want to make the election to be treated as a US RA and obtain a TIN, then the taxpayer must file as Married-Separate. Additionally, if the election is made, then the spouse's worldwide income winds up on the US joint return.

Alan snipped-for-privacy@vacationmail.com wrote in news:s18srp$rm$ snipped-for-privacy@dont-email.me:

Thanks Alan. I actually was aware of those point. But they are very important.

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