File as resident alien using first-year choice?

[sambhavjain]

Hi @TurboTaxDeeS I have a quick follow-up question (urgent):
I'm filling form 4868 for extension, and I see that I have to pay my tax liability (Form 1040 Line 63) along with the 4868. However in my case, the tax withheld (Form 1040 Line 64) is higher than my tax liability. Hence I should be claiming a refund when I file my return. Is it true that irrespective of whether I owe tax or claim refund, I'm supposed to pay the tax liability with the extension 4868? Please help.

[sambhavjain]

Oh nevermind on my previous question - I can enter the estimated total payments on Line 5 of 4868. This answers my concerns 🙂 Thanks nonetheless.

[prinusa]

Would someone please explain the requirements for Form 8938 for dual tax resident

<a rel="nofollow" target="_blank" href="https://www.irs.gov/businesses/corporations/update-to-2014-instructions-to-form-8938-1">https://www....>
Specified individual filing as a resident alien at the end of his or her taxable year

[bine22]

To file jointly there are actually TWO choices you would need to make. The first year choice will make you a resident alien starting October 2017, so a dual status alien for the year. Only after making the first year choice can you make the choice to be treated as resident aliens for the entire year. The statement you attach needs to include both choices.

[sambhavjain]

Thanks bine22. That helps!

[Pragathes]

Hello  @sambhavjain 

I am in the similar situation and I would like to confirm with you about my understanding.

I came to US in Sept 2019 in H1 and my wife in Oct 2019 in H4. So for the tax filing of 2019, we both can file jointly by availing the First Year Choice as we both have satisfied the 31 day period and 75% of days till the end of year criteria. But when it comes to SPT, I will be satisfying the test in May 2020 whereas my wife will satisfy only in June 2020. So in this case, I should go ahead and file extension first which is Form 4868 asking them for an extension till June 2020 along with Form W-7 for my wife for ITIN and once both of us satisfy the SPT, I should file 1040. 

Is this correct? Please correct me if I am missing something here. I am filing for the first time and I don't want to screw it up. Thanks in advance

[Rajshree7]

Hi @sambhavjain ,

I am in the same boat for 2019 and your guidance will be very helpful.. How was your experience with this process last year? Were there any queries and audit? Did you hire any consultant or made the statements yourself?

Thanks!