California state tax MFJ or MFS with non-resident spouse staying in Canada when filing MFJ in federal tax

[YTY2024]

Hi: 

I am a California tax resident alien in the US with SSN and my spouse is a US non-resident with ITIN, staying mostly in Canada (visiting me occasionally) 

I am aware that the US federal tax can treat my non-resident spouse as a US taxpayer with a statement, signed by both spouses, to my Federal joint return for the first tax year.  The statement should contain the following information:

1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

I should include my spouse's global income on top of my tax return for MFJ and his global income does not need to include SSN tax and Medicare in Federal and medicare tax in California due to his non-residency.

My questions are below:

1. Since my marriage happens in Canada, should I register my marriage in US for the tax purpose? 

2. Is this Federal statement valid for CA state tax as well? so I can file MFJ in Federal and in state tax as well?

3. Both myself's and my non-resident spouse's standard deductible can be applied in MFJ Federal and MFJ CA state tax? 

4. In this first-time MFJ in federal and state tax with my non-resident spouse, both Federal and state tax should be filed by mail? In the future years, I can do e-file on TurboTax for Federal and state tax?

Thank you in advance.

Best regards,

YTY

[tagteam]

Please check back later. I will page Champ @pk.

[pk]

@YTY2024  Welcome to the US of A.   My first questions are :

(a)   From your  post I assume that you are  on work visa  -- which please ?   When did you enter the USA with this work visa ?

(b)   When your husband visits you , should I assume that he comes here as a visitor  ( B visa or nil visa )  and not under  a  dependent visa ?  Is he a Canadian citizen like you  ?  Or different  ?

(c)   Which tax year are you  filing ?

(d)  Why do you want to file jointly and thereby  include  his world income under US taxes ?

I ask these  questions ( pardon for the intrusiveness thereof )  because  I disagree  with  many of your assumptions and therefore  need to calibrate  to the actual facts and circumstances.

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

[YTY2024]

Hi pk:

Thank you for your questions.

For question (a-c), I am in a student visa OPT for work and I have been in the US for years. My partner (Canada PR) and I (not US PR/citizen, nor Canada PR/citizen) got married this year in Canada and therefore I need to change my filing status (from single in previous years to married this year) to save federal and state tax. My partner visits me through ESTA for short visits, not a dependent visa.

For (d), as stated above, since my partner is not staying in the US (non-resident alien) and on the IRS website, it says it is possible to change foreign spouse to US tax RA for the MFJ purpose by mailing the statement. 

Please let me know if anything is missed and please try to answer questions in the first post.

Many thanks,

YTY

[pk]

@YTY2024  you are correct in your assumptions.  But please try out the different tax scenarios to see  which is more  beneficial -- MFS ( Married Filing Separate ) vs.  MFJ.

BTW --  a marriage  in another country is automatically recognized in the USA.  Thus you do not have to register  the marriage anywhere. Just present yourself as married.

Is there more I can do for you ?