@kathan251191 as you and my colleague @rjs have corrected me in that you are NOT a Resident for Tax purposes. My fault is that I did not spend enough time to calculate the actual "days Present" for SPT. On relooking at the date of arrival of July 8th. 2023, you would have been about a week + short of reaching the 183 days required , especially since this was your first entry within the last three years. Please forgive my error caused by not paying sufficient attention.
Next : Given that you had no other income ( i.e. outside of US sources -- right ? ) you suffer no harm by requesting to be treated as a Resident for Tax purposes for the year 2023. Also of import is that you used standard deduction in error since you had a short year. I am not aware of any contravening treaty articles ( US-India Tax Treaty ? ). Thus the easiest corrective action is to
(a) amend your return -- form 1040. Tell Turbo Tax that you need to amend your already filed ( and accepted for processing ) return .
First save your filed return under another name such as " 2023 -- Tax Return as Amended". Then open this saved " As Amended Return " and say that you want to amend.
Second this will have screens to fill out the form 1040-X. You go down to the screen where it asks for deduction -- choose itemized deduction and enter all the deductions ( it would best if you familiarize yourself with allowable deductions ---Instructions for form 1040 at www.irs.gov .
Third, choose to file by mail, print, sign and date. Collect, the filing forms, check for any amounts owed ( note that Turbo will assume that you have received / paid amounts shown on original return.
Fourth -- Add a letter with your names , address, SSNs, etc. Requesting that you are exercising the First Year Option, that you are going to pass the SPT on Jan XX, 2024 , and therefore want to be treated as a Resident for the tax year 2023. Must be signed by both you and your spouse.
Fifth-- collect all these documents and mail in to the IRS. Note that depending on the state where you live, this may or may not affect ( and therefore require ) any state filings.
I hope this clears up things for you. Obviously, if you need more help on this you are welcome to add to this thread.
BTW --- since you are on L-1/2, are you in business for yourself or what -- I ask because there may be other things to consider.
Namaste ji -- Mafi kor doh
pk
