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How a married nonresident alien whose spouse has no income should fill out form 8962 and 1040NR to get the eligible amount of the premium tax credit?

I have F1 visa and my wife has F2. I live in Richmond VA and the form that I have to fill out for my federal income tax return is 1040NR, the form for nonresident aliens. I have been in the U.S. less than 5 calendar years and I am not resident of Mexico, Canada or South Korea so as a married student I HAVE TO choose box 5 (other married nonresident alien) in form 1040NR and not get the exemption for my spouse. Is this box means married filing separately?

In form 8962, it says that if my filing status is married filing separately, I cannot claim premium tax credit even for a tax family size 1 (not considering my wife as an exemption) and I have to skip part1 of form 8962. In this situation, the excess advance premium tax credit repayment that I owe is equal to repayment limitation said in the table5 of the instruction for 8962.

Does anybody know how a married nonresident alien whose spouse has no income should fill out these forms to get the eligible amount of the premium tax credit?

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2 Replies
pahwa1988
New Member

How a married nonresident alien whose spouse has no income should fill out form 8962 and 1040NR to get the eligible amount of the premium tax credit?

I am in the same situation. Can you please tell me how did you handle it? @ mehran_turbo

How a married nonresident alien whose spouse has no income should fill out form 8962 and 1040NR to get the eligible amount of the premium tax credit?

you cannot use the PTC as a nonresident alien filing married filing separtely.

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