Get your taxes done using TurboTax

Yes, you may make the first year choice.  Here are the conditions for making this choice.

You must attach a statement to Form 1040 to make the first-year choice. The statement must contain your name and address and specify the following:

• That you are making the first-year choice for the current year (2023).
• That you were not a U.S. resident in the prior year (2022).
• That you qualified as a U.S. resident under the substantial presence test in the following year (2024).
• The number of days of presence in the U.S. during the current year (2023).
• The date or dates of your 31-day period of presence and the period of continuous presence in the U.S. during the current year (2023).
• The date or dates of absence from the U.S. during the current year (2023), if any, that you are treating as days of presence under the first-year choice.

So for 2023, you would file a non-resident return (1040NR) for January 2023. From February on, you may file a US Resident return (1040) for 2023. There is no dual tax return to file from February on. It is a US tax return (1040) return. Your dual status is represented by the 1040 NR return filed in January and your 1040 return filed the remainder of the year. In other words, you would not file a 1040 NR and a 1040 in the same time period.  I just wanted to make this clear to you.

To make the first year choice, you will not be able to efile the return because of the statement you need to prepare electing to take the first year choice. You will need to print and mail your return in accordance with the instructions Turbo Tax will provide to you. You will also be able to claim your dependent provided your dependent has a valid Social Security Number. 

Turbo Tax does not prepare 1040 NR returns.  but our affiliate at Sprint Tax does. Please contact them for further information. Also, it is possible to contact live Help if you prepare your return using Turbo Tax Online.  There are prompts in the program that will ask you if you would like a professional to prepare your taxes. I have also included the link for Sprint Tax below for your reference.

Sprint Tax