1. Yes, you are considered as a dual -status alien. You will file a Form 1040 NR from January 1st till March and a Form 1040 report worldwide income including those from US and overseas from April till December 2020. If you have no US income before entering the US, you can simply download Form 1040NR from the IRS. Click here: https://www.irs.gov/forms-pubs/about-form-1040-nr
You can then use TurboTax to file the Form 1040. However, you will need to paper file both of your forms to the IRS instead of e-filing.
Per IRS, Resident Alien at End of Year
You must file Form 1040, U.S. Individual Income Tax Return, if you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a nonresident. You can use Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents as the statement, but be sure to write "Dual-Status Statement" across the top.
For more information, click here: Dual Status
2. As you are a resident at the end of the year, you can make an election to claim your nonresident spouse as a resident and file Married Filing Jointly. TurboTax does not provide any tools or forms to assist you to make the election, unfortunately. You would need to follow IRS's instructions to attach the statement to your 2020 tax return. You cannot e-file. Instead, print out all your tax forms along with the statement and paper-file. Click here to see Nonresident to resident
3. If your spouse does not have either an SSN or ITIN, you would need to apply for an ITIN for him / her. To do so, you must file a Form W-7 along with filing your tax return. Without an SSN or ITIN, you won't be able to e-file.
To prepare your tax return in the program, here are the steps:
- In the program, as you enter the information, leave the SSN space blank
- After entering all your information, print out returns and required forms ( write APPLIED in the spouse 's space)
- As TurboTax does not support the Form W-7, fill out the forms by following
- https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required documentation
- Submit both the Form W-7 and your tax forms to IRS Austin location in Texas. ( see Form W-7 instructions)
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