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Level 15
Level 15

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@duyuustc  from the actual statute of Title 26  code section 6013 (g) on termination of the election to be treated as a resident for tax purposes :-->

"  (4)Termination of election

An election under this subsection shall terminate at the earliest of the following times:

(A)Revocation by taxpayers

If either taxpayer revokes the election, as of the first taxable year for which the last day prescribed by law for filing the return of tax under chapter 1 has not yet occurred. "  

 

I have underlined the   words of import to me --- I interpret this to mean that the termination of the 6013(g) election need to be made  for the year before  the due date of the filing  AND during that year.    Therefore my suggestion would be to include  the "termination of election" letter during  filing of 2024 return.  Once  terminated you cannot  re-elect  to be under  6013(g) again  ( the statute does not say how long is the  blackout period ).

At the same time I do not  see any harm in filing the termination of  election   at any time  during 2024 -- just make sure that this  termination is effective first of 2024 i.e. for all of 2024 tax year and beyond..

 

For 2024 , your  husband recognizing the interest income in full while filing his 2024 return,  is the correct way to deal with this income.

 

Note that  as a  NRA  ( Non-Resident Alien )   even with a Tax ID  ( TIN )  but with no connection to US or No US  sourced income, you are not required to file a US return.

 

Here is a link to section 6013 -->    26 U.S. Code § 6013 - Joint returns of income tax by husband and wife | U.S. Code | US Law | LII / L...

 

Is there more I can do for you ?

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