pk
Level 15
Level 15

State tax filing

@raggedyak , for the federal return for tax year 2023;

 

(a) first year choice   is really for tax  payers whom while not meeting the SPT during the  tax year but expects to meet this test during the following ( in addition to a few  other caveats .

(b) for your  particular case -- 

1. you are  married to a US citizen/ by the end of the year. 

2. you are dual status  for the year 2023 but at permanent resident  by the end of the year. 

3.  Under section 6013-6  you can indeed request to be treated as a resident alien for the whole calendar year.   This also means , as you have articulated in your post -- you can use  the standard deduction along with your spouse. ( article  551 at www.irs.gov )

4. your world income is included for purposes of US federal taxes.

5. since you were  not  a US resident till Jan 1st of 2023 ( by virtue of exercising  section 6013-6 ), your tax home would not meet the 340 out of 365 days  and thus you cannot exclude foreign earned income.  However , because US is taxing you on your earned income from UK  during the tax year 2023, you  have the option of either deducting  the taxes  ( if you itemize under SALT limit ) or claiming foreign tax credit.

 

For the California return:

 while you can file as married filing sep -- on form 540-NR or file 540 but exclude  you UK income as earned  outside the state,   ( your residency in CA started on  say  7/25/2023 and you earned income outside the state  01/01/2023 till 07/01/2023 , etc. ) and have been taxed by another  country.   I would suggest  for you to call the California  Franchise  Tax board and ask for help on this. They generally are quite helpful.

 

Is there more I can do for you ?

 

pk

 

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