H1B and Married

[ash1232]

Hello,

I got my H1B on 1st October 2021 and I was not in the US for 80 days in 2022.

Can I file my 2022 taxes using Turbotax?

Also, I got married in May 2022 and my husband is on OPT since June 2021. So, will I have to file as a married jointly or separately?

[ErnieS0]

File separately using Sprintax.com. Neither of you pass the substantial presence test to be considered U.S. residents for tax purposes.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   1. All the days you were present in the current year, and
   2. 1/3 of the days you were present in the first year before the current year, and
   3. 1/6 of the days you were present in the second year before the current year.

Nonresidents are not able to file together.

TurboTax does not support Form 1040-NR, the nonresident form. TurboTax partner Sprinttax.com can file your return.

[ash1232]

Thanks for the reply.

I'm curious about the calculation for the Substantial Presence Test(SPT) for my status. Is it as follows:

1. 31 in the 2023 year: current year days)

2. 1/3  in the 2022 year: (365 - 80) divided by 3 = 95

3. 1/6 in the 2021(starting from October 1st to December 31st which is 92 divided by 6)) = 15

Total = 31 +  95 + 15 = 141 which is less than 183 right?

Or did I do some mistake in my calculation?

[MarilynG1]

Click this link for Tax Tips for Resident and Non-Resident Aliens you may find helpful.

@ash1232