Married filing separately using 1040 NR

[sankruthya]

I am a non resident alienn. Last year we filed 1040 joint return as my spouse is resident, but this year I would like to file married filing separately using 1040NR. Can this be done?

[bine22 · Accepted solution]

If you have made the election to be treated as resident alien last ear, in order to file a joint return, that election is still valid. If you do not want to file as resident alien, you need to revoke that choice and you cannot use it again in the future.

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

Anyway, what is your and your spouses visa status and when did you both come to the US?

[sankruthya]

My Spouse is on H1-B and I am on F1. My spouse and I have been in the US since 2007 and 2011 respectively

[sankruthya]

My pay last year does not have any social security taxes witheld. So I am assuming when I file a joint return I must pay social security and medicare taxes as I become a resident now.

[bine22]

yes, your employer should have withheld FICA taxes for 2016. Talk to them bout correcting this ASAP. You would be liable for FICA, not matter how you file our return.

[HelenaC]

Although TurboTax has never supported Form 1040NR: U.S. Nonresident Alien Income Tax Return, we have a partnership with Sprintax offering a nonresident tax filing solution to our TurboTax customers.

Visit the TurboTax/Sprintax site for more info or to get started.