I relocated from India to US. My family was not with me in US for my tax filing period. I get a prompt for SSN for my spouse which I do not have. guidance is appreciated?

Forum|Forum|2 years ago
October 11, 2023
6 replies
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TurboTax Deluxe Online

Best answer by pk_

(a) Since you ONLY arrived in Nov. 2022, with work visa, you would generally be classed as a Non-Resident Alien. , assuming that during 2020, and 2021 you had no days present in the USA for any reason / visa.

(b) As an NRA, you are required to file form 1040-NR ( not supported by TurboTax ) and generally Taxed by the USA ONLY on US sourced income. You also cannot use standard deduction but must use Itemized deduction. Also any US sourced passive income ( interest, dividend , unless impacted by Tax treaty ) will be taxed at a flat 30%.

(c) The article ref'd by you does not apply because it is talking about MFS filing with a Non-Resident Alien spouse.

Do you more help on this -- you are welcome to PM with specifics of your situation ( please no Personally Identifiable Info ).

pk

Level 15

Level 15

@snankani cannot answer the question because you need to tell me when you entered the USA this time, any presence in the USA during the last three years, you entered with which visa. This important because depending on your visa and period of presence in the tax year under consideration, you may or may not be able to file with TubroTax or as Married Filing Separate ( where these questions come up ).

I will circle back once I hear from you --yes ?

pk

S

snankaniAuthor

Level 2

I moved alone in November'2022. My family moved to US in Feb'2023.

I am on L1 Visa. Technically I worked in USA only for 2 months.

I think I will get a refund even though I may not be eligible for filing tax.

After googling, I landed on this article which recommends that I might have to use the option in TurboTax to file via mail and I can not e-file since my spouse does not have SSN.

https://ttlc.intuit.com/community/taxes/discussion/cannot-file-if-spouse-does-not-have-ssn/00/57525#:~:text=If%20your%20spouse%20does%20not,continue%20past%20the%20error%20message

Can you please confirm and share next steps if possible?

P

pk_

Answer

Level 15

@snankani , Namaste ji

(a) Since you ONLY arrived in Nov. 2022, with work visa, you would generally be classed as a Non-Resident Alien. , assuming that during 2020, and 2021 you had no days present in the USA for any reason / visa.

(b) As an NRA, you are required to file form 1040-NR ( not supported by TurboTax ) and generally Taxed by the USA ONLY on US sourced income. You also cannot use standard deduction but must use Itemized deduction. Also any US sourced passive income ( interest, dividend , unless impacted by Tax treaty ) will be taxed at a flat 30%.

(c) The article ref'd by you does not apply because it is talking about MFS filing with a Non-Resident Alien spouse.

Do you more help on this -- you are welcome to PM with specifics of your situation ( please no Personally Identifiable Info ).

pk