KarenJ2
Expert Alumni

Get your taxes done using TurboTax

As your wife was a nonresident for all of 2018 and 2019, you need to attach a statement to your return electing to file a married filing jointly tax return.  You will find the statement and information about treating a nonresident spouse as a resident on page 9 of Publication 519. You will need to print your return and attach the statement before mailing.  You both need to sign the statement and declare your worldwide income on your return.

 

For the 2018 tax return and health question, your wife is exempt from the 2018 health insurance requirement as she was a nonresident who elected to file a joint return with a US spouse.

 

No she does not need to pay a penalty.  The IRS allows individuals an exemption for the first year they are in the US.  They allow this even if you choose to file married filing jointly in her first year in the US.  Please see the attached link , question number 8 https://www.irs.gov/affordable-care-act/individuals-and-families/questions-and-answers-on-the-indivi... 

 Individuals who are exempt under this rule include: 

  • Nonresident aliens; 

  • Dual-status aliens in their first year of U.S. residency; 

  • Nonresident aliens or dual-status aliens who elect to file a joint return with a U.S. spouse; 

  • Individuals who file a Form 1040NR or Form 1040NR-EZ (including a dual-status tax return for their last year of U.S. residency); and 

  • Individuals who are claimed as a personal exemption on a Form 1040NR or Form 1040NR-EZ 

 

TurboTax does not list the above exemptions under Health Insurance. You will need to choose the option: I'll pick who had it and which months.  

 

According to the instructions for Form 8965 under types of exemptions, page 3, the type of exemption she falls under is Code c, the same code that is used for the option in TurboTax  for Spent 330 days or more outside the US.  So you will need to check this option to receive the exemption. 

https://www.irs.gov/pub/irs-pdf/i8965.pdf 

 

 

 

 

 

 

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