pk
Level 15
Level 15

Get your taxes done using TurboTax

@Blank_Slate ,   I would urge you to purchase the 2023 H & B Windows version -- as I said it is the most complete product.  However,  given that the filing dead line  is October 15th.,  your time to file is extremely limited and your  pay ( without  interest and penalty)  was  April 17th.   You can still e-file  ( I think till around 20th of October ) but file by mail is available till around  early Nov.  What I am trying to point out are the difficulties in your way.   While our help board ( all volunteers and TubroTax employees ) will continue till the end of the year.  It depends on you whether you should go to ta professional or prepare and file by yourself --- we will obviously answer all questions  and guide as is required.

 

From your answers I do understand your situation  -->

1.  You had no  constructive receipt of wages  in 2022.  Also for 2022 you would have had to file a form 1040-NR , if there was any income.

2.  Your status would have changed after meeting the SPT  ( Substantial Presence Test ) sometime in June and thereafter you would be a resident for tax purposes. The  dependent visa holders also would have had the same status.  For 2023 tax year,  you would be resident from the first day present in the country.  And so you are taxed on world income for the year.

3. Thus your wife's  income in India would come under the US tax system  ( ONLY Jan and Feb of 2023).  The tax on this though have to be approximated / allocated based on average tax rate for the Indian Tax Year 2023-2024.

4. Because her tax home was in India  from  March 1 2022 to Feb 28th , 2023 , you may be successful in using Foreign Earned Income exclusion if she had a SSN, else you have to  claim Foreign Tax Credit on the allocated taxes paid to India on the  Jan/Feb India sourced income.

5.  The simplest filing for you would be  to file as Married Filing Separate --- ignore your wife's  income in Jan and Feb but you recognize the rental in come and taxes thereon.

6. For her to allow you a Joint Filing  status, you need Tax IDs for her and your child ( you said you have a daughter ? ).   This would imply you filing by mail ----- you have to prepare the return including all family.  USE dummy SSNs for Spouse  ( e.g.  567-84-5000 ) and Child  ( 567-84-5100 ).  Then when all done, print the return , snowpake out the  dummy SSNs and replace with  NRA .

Then download , PRINT and fill out W-7 from the IRS requesting ITIN for each, attach all the documents required ( see the instructions for W-7  at www.irs.gov ) and mail the whole package.   You can also visit the local IRS office for help on this.

This will result in your return processed and issuance of  retroactive  ITIN.

I though H-4 can work with permission from USCIS  with resultant SSN.

7.  Rental income would be reported on Schedule-E and in TubroTax under business tab.  You would have to recognize  depreciation though -- especially if you intend to settle down here.  Note that the valuation here is not Indexed as in India and when receiving inheritance,  FMV at the time of passing of the decedent  is the basis  for computing gain/loss when disposed of.

8. The pension account is required only for purposes of FATCA   ( form 8938 along with your return ) threshold computation.  Additionally if you have bank accounts in India, then you have  report these  on form 114  ( FBAR form at www.Fin Cen.gov, only on-line reporting and by   tax filing date generally )

 

I hope I have answered all your queries.  If you need more help you can post here or PM me  ( just NO personally Identifiable Info. )

 

Namaste ji

 

pk