2103931
You'll need to sign in or create an account to connect with an expert.
The substantial presence test applies to both years but I think you mean, “Can I use 2021 days for 2020 for purposes of the substantial presence test?” No. The test is backwards looking.
To determine filing status, we’d have to know when your wife came to the U.S. and any previous visits and/or visas. And your status. Are you a resident or nonresident alien?
You can use Sprintax.com to help determine how to file.
If you are a resident alien, you can elect to file together with your wife as if you both are resident aliens or U.S. citizens. Your wife will need an ITIN or Social Security number. She would not be eligible for stimulus payments.
If you make this choice; the following rules apply:
Related Resource:
Thank you very much for the response!
My wife is holding B2 visa now and she first came to the U.S. from July 2020 to Aug 2020 and then came for the second time from Nov 2020 until now (Mar 2021). Hence, she did not meet the requirement for substantial presence test.
As I am the resident alien and my wife is non-resident alien, I plan to use married filing separately instead of jointly. If so, does she still need to apply for the ITIN number?
No, if you decide to file separately, you do not need to apply for an ITIN for her. However, you will not be able to e-file.
When you file separately, you only need to report your own income and deductions. You do not need to report her portion.
To see the differences between jointly and separately, click here: Jointly vs Separately.
Thank you very much for the help! Just two quick questions:
1. Can I also help my wife apply for the ITIN for future use even if we file separately? Does IRS local office allow us to apply the ITIN?
2. Even though I chose file by mail, I still cannot revise my tax return through the Turbotax online system. Could you please tell me how to do that?
Thanks!
If you file married filing separate, you can include an application for an ITIN in her return. You will need to fill this out and attach it to her tax return. Please view this IRS link for information how to include an ITIN in your return. Also here is the application for the W7 form used to file for a new ITIN. The complete instructions for filling out the information on the W7 are found in this link.
To go back into the your return to make changes and efile.
Thank you again for the help! Really appreciate it.
However, my wife is a student in Canada now so I think she is not required to file a tax return, right? In this case, how can she apply an ITIN in her return? Can she submit the application for ITIN along with the form 8843?
Thanks!
Your wife will need to wait for an ITIN before she can file a tax return, and she cannot submit an application with the return along with Form 8843. If she is a student in Canada, she doesn't have to file. To apply for an ITIN, please follow this IRS link for information.
Thank you very much!
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
kritter-k
Level 3
hpccpatest
Level 2
alexmattar
Level 1
Martinmayer
Level 2
DigitalNomad29
Level 1