How do I make Turbotax generate the election statement pursuant to IRC Section 6013 (h). It's currently generating a statement citing IRC Section 6013 (g).

My Wife moved to the US in April 2024 (K1 visa) and has got her green card in August 2024 (after we got married). My understanding is that this makes her dual status. I'm trying to file jointly with her and my understanding is that this requires her to be treated as a resident for the full tax year and this requires an election statement. However, Turbotax is generating a statement citing IRC Section 6013 (g) which states she was a nonresident alien as of the last day of the tax year, which isn't true. How do I get the statement to reflect the correct information citing 6013 (h) and that she is dual status?

3730

Expert Alumni

Feb 3, 2025 2:18:50 PM

No. The IRS states that if a green card is received at any time during the year, the resident is a lawful resident.

Remove the IRS 6013 (H) statement by doing the following.

Go to the Personal Info section of your return where you entered your wife's information. Uncheck the box where you indicated she was a non-resident or dual status resident.
If this doesn't remove it, go to;
tax tools
tools
delete a form
Look for NRA Spouse Statement and delete it.
If you used Turbo Tax Software, go to the forms mode, look for the NRA Spouse Statement , and select the delete button at the bottom of the form.

Green Card Test

Why sign in to the Community?

How do I make Turbotax generate the election statement pursuant to IRC Section 6013 (h). It's currently generating a statement citing IRC Section 6013 (g).