pk
Level 15
Level 15

Get your taxes done using TurboTax

@kruthika , Namaste ji

 

What I get from your post :

1. You a US Person ( Resident for Tax purposes / GreenCard ), having a tax home in  US

2. Your spouse  is Indian citizen & resident  ( for purposes of the Tax Treaty ) is self-employed and is taxed in India.

3. You wish to file as MFJ

MFJ filing would require  

            (a)  A request signed by both filers, asking for the NRA to be treated as a Resident for Tax purposes.

            (b) the spouse to have US Tax ID (TIN ).

4. Note that  while this MFJ would  get you a higher  standard deduction  ( assuming you are not eligible  for head-of-Household filing status ), it would also the tax rate  of  your  US sourced income.  This is because  TurboTax will  first compute  the tax liability on the joint world income and then deduct from it the  tax  levied on the excluded income.

5. Also note that once the spouse has requested to be treated as a resident, it  remains valid  till  for the future years.   So one needs to look at the longer term  benefits.

6.  While  FEIE is available  for the  NRA spouse because of  foreign tax home ( form 2555 ),  the  Schedule-C  ( for sole proprietor/self-employed )  is prepared under US tax laws  and may be different  than under  Indian Tax laws.

7.  And yes because  of Totalization agreement between US-SSA and India , one need to pay  SECA to only one country ( with a certificate of participation from the other  country ).

 

Does all the above make sense ?   Is there more I can do  ?  You can either respond here or PM  me  -- especially if there are items that are not of general interest -- just NO  PII  ( Personally Identifiable  Information)

 

Namashkar ji

 

pk