SusanY1
Expert Alumni

Get your taxes done using TurboTax

If there is a treaty that covers the income, you must file Form 8833 to claim the benefits under the treaty and outline which provision of the treaty covers the income.  This form is not supported in TurboTax. Also, Tax treaty provisions apply to residents and citizens but generally do not apply to nonresidents making an election to be treated as a resident

 

However, income of a nonresident alien spouse can only be excluded from the U.S. resident's return by filing using the Married Filing Separately status.  If electing to treat a nonresident as a resident for tax purposes, all income of the nonresident alien must be included on the return. 

 

While making this optional election requires all income of the nonresident making the election to be included, you may take a credit for any foreign taxes paid on the same income. 

 

 

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