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Level 2
posted Mar 10, 2020 3:20:08 PM

Can I do joint filing with TurboTax for my case?

I'm an H1-B holder and a resident for tax purposes. My status was married on Dec 31st, 2019. 

My wife is also an H1-B holder but she only started her status on Oct 1st, 2019. Before that she was earning on F1/OPT status. This makes her a non resident for tax purposes since she doesn't meet the substantial presence requirement. People who don't qualify for substantial presence test are required to file 1040-NR, not 1040.

 

I know that Turbo Tax doesn't support filing a 1040-NR, they only support 1040. For 1040-NR, Turbo Tax redirects people to their partner Sprintax. I know this because the same thing happened to me 3 years ago. 

 

So in this case when I am required to file 1040 and my wife is required to file 1040-NR, is there a way I could still use TurboTax for joint filing? Or since TurboTax don't do 1040-NR, it will recommend me to either file separate or do a joint filing via Sprintax?

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3 Replies
Expert Alumni
Mar 10, 2020 3:57:11 PM

You may want to talk to Sprintax about the First-Year Choice in IRS publication 519 pages 7 and 8.

 

Perhaps your spouse will meet these qualifications to file a Federal 1040.

Level 2
Mar 10, 2020 4:02:24 PM

If my spouse meets the First Year Choice qualifications to file a Federal 1040, will I have to come back to TurboTax for joint filing or we'll have to jointly file it with Sprintax?

Employee Tax Expert
Mar 10, 2020 4:27:51 PM

Yes.  If you meet those requirements, you can use TurboTax to prepare your 1040 Form.