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aayushk
New Member

How to File MFJ with a Non-Resident Alien Spouse

I have used TT for Single filing as a Resident previously. This year I want to file go with Married Filing jointly to get the benefits of higher standard deductions. I am a resident on H1b-visa and my spouse is on an F1-visa who is an exempt individual according to IRS here. 

 

I am aware that the US federal tax can treat my non-resident spouse as a US taxpayer with a statement, signed by both spouses, to my Federal joint return for the first tax year.  The statement should contain the following information: According to the IRS:

  1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

My questions are,
1. Can I e-file my taxes and does TT (premier) Online/Ma/Windows or any other TT product allow attaching a statement while e-filing.
If yes, I would. like to know how? Looking at this post it seems, there is something available but I don't know where to get the statement in the TT
If no, I would like to know how to go about filing Form 1040 and attaching a statement preferably with TT expert service to help me in future for any inquiries/audit by the IRS that may/may not need an amendment. 

I would like to know if someone has already done this one way or the other (e-file or paper filing) and how was their experience and an roadblocks to avoid. 
 

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3 Replies
KrisD15
Employee Tax Expert

How to File MFJ with a Non-Resident Alien Spouse

Yes, the program has been updated and you can make the election to file a joint return using TurboTax, including Premier, however you may not be able to e-file if your spouse does not have an ITIN. 

 

The statement will be included and printed when you print your tax file.

 

The program has a "Learn More" link in the "Personal Info" section  

The instructions tell you to use a number (for his ITIN) to get through the program, but that needs to be "whited out" once the return is printed.

 

Because your spouse has no ITIN, this return will need to be mailed with Form W-7 to apply for the ITIN. 

 

TurboTax supplies the link to the instructions for Form W-7.

 

To speed things up, I suggest that rather than mailing, once you have the return and Form W-7 completed, take the package with the proper identifying documents to a local IRS office or Certifying Acceptance Agent. 

They will be able to process the W-7 and you won't need to mail sensitive material, like Birth Certificates or Passports. 

 

 

 

 

 

 

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aayushk
New Member

How to File MFJ with a Non-Resident Alien Spouse

My spouse has an SSN and have their own W2 as well. So I don't have to attach Form W-7. 
The screenshot that you shared is for Desktop app Home and Business edition. I just need to attach a statement. Do I need to use desktop app or does online also have an option for it  and can I efile or paper filing is the only option ?

KrisD15
Employee Tax Expert

How to File MFJ with a Non-Resident Alien Spouse

Online provides the statement as well. 

You won't see it in your documents until after you pay if using TurboTax Online. 

 

Since your spouse does have a Social Security Number already, you are correct, you won't need to file Form W-7 and you should be able to efile the return. 

 

You will see the statement listed in your forms, but you won't see in when you view your 1040 before payment.

 

HERE is how to view forms in your return

HERE is how to view the 1040

 

 

 

 

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