I have a question about tax filing for 2022 for H1B and H4. I currently hold H1B status from 10/1/2021 until the present. Last year, my wife earned income while she held F1 status from 01/01/2022 until 02/01/2022, and she changed her status to H4 after that time.
I would like to know:
1.) Should I file my taxes for 2022 separately or jointly with my wife, as I am considered a U.S. person? (We're going to use turbotax to file this)
2.) Should my wife file her taxes for 2022 as a non-U.S. person? (We're going to use sprintax to file this)
I am asking these questions to learn how to maximize our tax refund while staying within the bounds of the law.
Generally, it is best to file married filing jointly. Please see Is it better for a married couple to file jointly or separately? for details.
You can choose to treat the nonresident as a U.S. resident and file a joint tax return.
Please be aware, that each spouse must report his or her entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
To make the choice attach a statement to your paper return (you can't e-file), signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
Please see IRS Nonresident Alien Spouse for more details.
You will need to apply for an Individual Taxpayer Identification Number (ITIN) for your spouse. Please see How do I apply for an ITIN?
You stated your wife held F1 status from 02/01/2022 until 02/01/2022 (not sure if this is a typo), and she changed her status to H4 after that time. If she changed her status on 2/1/2022 then she would meet the Substantial Presence Test for 2022 and be considered a resident for 2022. If this is the case then you can just file a joint return without the statement mentioned above.
Generally, it is best to file married filing jointly. Please see Is it better for a married couple to file jointly or separately? for details.
You can choose to treat the nonresident as a U.S. resident and file a joint tax return.
Please be aware, that each spouse must report his or her entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
To make the choice attach a statement to your paper return (you can't e-file), signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
Please see IRS Nonresident Alien Spouse for more details.
You will need to apply for an Individual Taxpayer Identification Number (ITIN) for your spouse. Please see How do I apply for an ITIN?
You stated your wife held F1 status from 02/01/2022 until 02/01/2022 (not sure if this is a typo), and she changed her status to H4 after that time. If she changed her status on 2/1/2022 then she would meet the Substantial Presence Test for 2022 and be considered a resident for 2022. If this is the case then you can just file a joint return without the statement mentioned above.