Filling after sending Nonresident Treated as a Resident statement, and updating my W-4

Hi!

Last year, me (a non-permanent resident with work permit and SSN) and my spouse filled our tax return jointly and attached our Nonresident Treated as a Resident statement. She also applied and got her ITIN.

Now I want to make sure if that status will be carried over to our 2020 return filling, so we can file electronically. Am I correct with the assumption?

Also, when I started with my current employer, my marital status was set to Single/Married Filling Separate, so a larger chunk of my paycheck is being withheld. Given the 6013(g) statement I submitted for last year, may I submit an updated W-4 with the marital status changed to Married Filling Jointly?

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1 Best answer

Expert Alumni

Feb 9, 2021 3:39:50 PM

Yes,

You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
Both spouses must claim worldwide income and not use tax treaty benefits for each year they use this benefit.

Yes, if you will be filing joint you can go to your payroll office and file a new W4 as married.

For additional information, refer to the following link from irs.gov:

nonresident alien spouse treated as resident to file joint