Does non-resident spouse must file 1040NR as MFS(Married filing separately)

[tbudd]

Both my wife and myself are non resident aliens (NRA). We moved to India back in April 2021.

We have a JTWROS account with fidelity and all contributions to the account have been from my funds. Besides the dividends, interests and some capital gains distributions through MFs in the account, she doesn't have any other reportable income.

Since we are NRA's I'm filing a 1040NR this year as MFS(Married filing separately) and reporting all this income (100%) on my return.

QUESTION : Is it mandatory my wife to also file a 1040NR as MFS to report this JTWROS income even though she has no other income or anything taxable otherwise? Wouldn't it be simpler to just have me file the 1040NR and pay all taxes due?

[DMarkM1 · Accepted solution]

Yes, if you report all US income sources and amounts on your return she will not have any US source income to report and therefore no US tax filing requirement.