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Form 1042-S: My wife was a nonresident alien in 2018, but we got married in 2018

My wife and me are filling out our taxes on TurboTax. I am a US Citizen and we got married last year, but her status on December 31, 2018 was non-resident alien status. She had an F1 visa (3.5 years). She tried to fill out her taxes on SprintTax, but it said she was not eligible for their services. I am filing our taxes as married jointly, but I am not sure how to proceed with the 1042-S form. The income code is 16 & exemption code is 15. Additionally, shes had a SSN# for all of 2018. Any advice or input is greatly appreciated.

Thank you,

Matt

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1 Reply
KarenJ
Intuit Alumni

Form 1042-S: My wife was a nonresident alien in 2018, but we got married in 2018

See below on how to enter your 1042-S.

You can make an election to file a joint tax return with your nonresident wife. 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year. If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. 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.

How To Make the Choice: Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information. • A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year. • The name, address, and identification number of each spouse.
See page 9

Publication 519

You will need to print your return in TurboTax.  You cannot e-file.  Attach the statement you made to you tax return before mailing.

As my colleague Lina responded to similar query:

If you are a resident for tax purposes, by receiving a Form 1042- S with the code 16, you will treat it as receiving a scholarship or fellowship to offset your qualified education expenses if there are any.  Per IRS, you are required to file a Form 1040 to report your scholarship amount along with your tuition.  If you have paid any qualified tuition expenses out of pocket or with scholarship, you would enter information by following the steps below.  As IRS receives a copy of your Form 1042-S, you can e-file your tax return.  You do not need to submit your Form 1042-S separately.

In TurboTax online edition, 

1. After sign into your account and select Take me to my return 

2.  At the right upper corner, in the search box, type in 1098t and Enter 

3.  Select Jump to form 1098T 

4.  On screen, "Do you want to enter your higher education expenses?" answer Yes

5.  Go through the step-by-step interview questions

6.  On screen, "Did you get a 1098-T from school for 2017?" , you will enter no.  Follow prompts to enter your                  info.



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