There is an option for a "resident for tax filing purposes" (including U.S. Citizens) to make an ele..., along with their non-resident spouse, to both be treated as "residents for tax filing purposes" and file Married Filing Jointly on Form 1040. This has been on option afforded by the IRS for years.
When one person is able to file Form 1040 as a resident
and another person who is not able to file 1040 because they are not a resident
are married, they can choose this option (to file Form 1040 together).
The question "Would you like to treat (spouses name) as a U.S. resident for the entire tax year?" only shows when you select "THIS PERSON is a non-resident alien or dual-status alien spouse".
If neither spouse is a nonresident you would not select the first option of "THIS PERSON is a non-resident alien or dual-status alien spouse", and therefore not be offered the second question.
When elected, there is a statement that needs to be included with, and different instructions for, filing that return.
TurboTax added that second question to assist those taxpayers, by including the statement and directions for filing when making that type of election (election to file joint return).
The first question "Your name is a nonresident alien or dual-status spouse" is not generated, it is asked for everyone using a TurboTax product. The question needs to be asked for each spouse since the program does not know which spouse is being entered first.
@navyhatch
@Daverodus
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