Dual Status Choosing Resident Alien Status

[ysoufian]

Hi,

My wife and I were on G-4 Visa until October 2019  when received our green card.

We meet the Green Card Test but not the Substantial Presence test so we are considered dual-status.

On the IRS website  Publication 519 - It says we can choose the resident alien status.

How do we reflect that in our tax filing thought Turbo Tax?

https://www.irs.gov/publications/p519#en_US_2018_publink1000222549

Choosing Resident Alien Status

If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.

• You were a nonresident alien at the beginning of the year.

• You are a resident alien or U.S. citizen at the end of the year.

• You are married to a U.S. citizen or resident alien at the end of the year.

• Your spouse joins you in making the choice.

This includes situations in which both you and your spouse were nonresident aliens at the beginning of the tax year and both of you are resident aliens at the end of the tax year.

[LinaJ2020 · Accepted solution]

You will not be able to e-file through TurboTax.  However, you can still use the program to prepare all your tax forms. 

In the TurboTax program, you will file as both residents.   You do not need to indicate anything.  

You would have to make an election to claim your dual-status spouse as a resident for the whole year.  This election needs to be attached to your tax forms and you would need to print out all your tax forms and submit by mail to the IRS. 

To make the election, click here: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[ysoufian]

Hi Just to be clear.

I need to complete the application on turbotax online but print  out the returns instead of e-filing

Then attach the following statement, signed by me and my wife to the return and mail everything to IRS.

I , X and Y certify that we started the tax year 2019 as non US Resident but we became US residents in October 2019 and we choose to be treated as US Residents for the entire 2019 tax year.

Name : X

Address :123 Main Street

SSN : [social security number removed]

Name : Y

Address : 123 Main Street

SSN : XXX-XX-XXXX

Thank you for your help.

[KarenJ2]

Perfect!  That is correct.