topic Married - Both Non-Residents - 1040 NR (forced to married filing separately) resolution. in Get your taxes done using TurboTax https://ttlc.intuit.com/community/taxes/discussion/married-both-non-residents-1040-nr-forced-to-married-filing-separately-resolution/01/674071#M271717 <P>I and my spouse both were on F-1 (OPT) in 2016. Due to non-resident status, we have to file 1040 NR which doesn't allow us to file as 'married filing jointly'. We can choose 1040 NR with 'married filing separately' which results in a big loss. Can we waive our exemption from presence test and file as residents (married filing jointly)?<BR /></P> Thu, 06 Jun 2019 10:39:04 GMT ankurjoshi16 2019-06-06T10:39:04Z Married - Both Non-Residents - 1040 NR (forced to married filing separately) resolution. https://ttlc.intuit.com/community/taxes/discussion/married-both-non-residents-1040-nr-forced-to-married-filing-separately-resolution/01/674071#M271717 <P>I and my spouse both were on F-1 (OPT) in 2016. Due to non-resident status, we have to file 1040 NR which doesn't allow us to file as 'married filing jointly'. We can choose 1040 NR with 'married filing separately' which results in a big loss. Can we waive our exemption from presence test and file as residents (married filing jointly)?<BR /></P> Thu, 06 Jun 2019 10:39:04 GMT https://ttlc.intuit.com/community/taxes/discussion/married-both-non-residents-1040-nr-forced-to-married-filing-separately-resolution/01/674071#M271717 ankurjoshi16 2019-06-06T10:39:04Z No, if you are both in the US less than 5 calendar years,... https://ttlc.intuit.com/community/taxes/discussion/no-if-you-are-both-in-the-us-less-than-5-calendar-years/01/674075#M271719 <P>No, if you are both in the US less than 5 calendar years, you have to file form 1040NR or 1040NR-EZ plus 8843 as married filing separately.</P> Thu, 06 Jun 2019 10:39:06 GMT https://ttlc.intuit.com/community/taxes/discussion/no-if-you-are-both-in-the-us-less-than-5-calendar-years/01/674075#M271719 bine22 2019-06-06T10:39:06Z okay, is there any way for us to avoid penalty of married... https://ttlc.intuit.com/community/taxes/discussion/okay-is-there-any-way-for-us-to-avoid-penalty-of-married/01/674080#M271722 okay, is there any way for us to avoid penalty of married filling separately ? Thu, 06 Jun 2019 10:39:07 GMT https://ttlc.intuit.com/community/taxes/discussion/okay-is-there-any-way-for-us-to-avoid-penalty-of-married/01/674080#M271722 ankurjoshi16 2019-06-06T10:39:07Z First, you cannot use Turbotax. Taxes might be higher for... https://ttlc.intuit.com/community/taxes/discussion/first-you-cannot-use-turbotax-taxes-might-be-higher-for/01/674086#M271725 First, you cannot use Turbotax. Taxes might be higher for filing separately, but it is what it is. You might be able to claim a tax treaty depending where you are from. Thu, 06 Jun 2019 10:39:09 GMT https://ttlc.intuit.com/community/taxes/discussion/first-you-cannot-use-turbotax-taxes-might-be-higher-for/01/674086#M271725 bine22 2019-06-06T10:39:09Z