- The process you described is not possible and you cannot file a joint return for 2023.
- I suggest each of you file an Extension using Form 4868.
- You should estimate tax for January 1 through October 1 as non-resident aliens (Form 1040NR) filing separately.
- Yes, you can file an extension online using TurboTax. Go to Free federal tax extension is now available
- You will have to file by mail.
- You should search the internet for correct wording of the statements that you need complete and sign, and file with your returns. You should be able to find a template.
- If you file an extension, it is not late. No additional explanation necessary. If you pay all the tax you owe when you file the extensions, there will be no penalty.
If you meet the substantial presence test in 2024, you can elect to be treated as a dual status alien for 2023. This means that for 2023, you file as a resident alien for the part of 2023 you were a resident in the US: October 2 to December 31. For that period you can file Form using Form 1040. For the period prior to that, you must file Form 1040NR. There are restrictions that apply when you are filing a tax return for a dual-status tax year, including:
- You cannot file a joint return.
- You cannot use the standard deduction allowed on Form 1040. You can itemize certain deductions.
A nonresident who becomes a U.S. resident under the substantial presence test in the following tax year may choose to be treated as a dual status resident for this taxable year if certain tests are met.
For the part of the year you are a U.S. resident, you are taxed on income from all sources. Income from sources outside the United States is taxable if you receive it while you are a resident.
For the part of the year you are a U.S. resident, you are taxed on income from all sources. Income from sources outside the United States is taxable if you receive it while you are a resident.
For more information see the IRS web page Taxation of Dual-Status Individuals
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