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rohansriv2000
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I am on H1B VISA and married last year on 14 Dec 2015 . My wife came USA after 1 Jan 2016 . So Can I file married file jointly and get tax rebates ?

 
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DS30
New Member

I am on H1B VISA and married last year on 14 Dec 2015 . My wife came USA after 1 Jan 2016 . So Can I file married file jointly and get tax rebates ?

Yes if you were considered a resident alien for the 2015 tax year.

If you considered a nonresident alien for 2015 and you were married before Dec. 31, 2015, you are considered married for the entire year and you can choose to choose to treat your wife as a resident alien on your tax return. You will need to include all of her worldwide income in USD on your tax return but she will need to apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN)

Additionally, if you file as married filing jointly and your NRA spouse lives outside the US and meets the Bona Fide Residence Test, your NRA spouse might be able to claim an IRS - Foreign Earned Income Exclusion that would exclude a portion of your NRA spouse's foreign source income (up to $100,800 for 2015).  TurboTax will guide you on taking the foreign earned income exclusion when you enter your NRA spouse's foreign source income under Federal Taxes> Wages and Income>I'll choose what I work on (or jump to full list)> Less Common Income (show more)> Foreign Earned Income and Exclusion 

Here in some additional information that you will need to consider when filing married filing jointly with a NRA spouse

  • Married Filing Jointly and you claim an exemption for your NRA spouse. (your NRA spouse will be treated as a US resident alien for US tax purposes and all of your spouse's worldwide income in USD will be subject to taxable as a US citizen or resident alien. Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes
    • leave NRA spouse's SSN blank and print a paper copy of your tax return
    • attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:
      •  A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
      • The name, address, and identification number of each spouse.
    • apply for NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN)
    • attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return (For the supporting documents, one option is for your spouse to get a certified copy of his/her passport which will need to be included with your tax return filing. Have your NRA spouse check with his/her local embassy regarding this certified copy) Click here for IRS website  ITIN - Frequently Asked Questions
    • mail your tax return along with your declaration statement (if filing as married filing jointly), Form W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

           Internal Revenue Service
           Austin Service Center
           ITIN Operation
           P.O. Box 149342
           Austin, TX 78714-9342 

      You may also apply using the services of an IRS-authorized
      Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin

 


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1 Reply
DS30
New Member

I am on H1B VISA and married last year on 14 Dec 2015 . My wife came USA after 1 Jan 2016 . So Can I file married file jointly and get tax rebates ?

Yes if you were considered a resident alien for the 2015 tax year.

If you considered a nonresident alien for 2015 and you were married before Dec. 31, 2015, you are considered married for the entire year and you can choose to choose to treat your wife as a resident alien on your tax return. You will need to include all of her worldwide income in USD on your tax return but she will need to apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN)

Additionally, if you file as married filing jointly and your NRA spouse lives outside the US and meets the Bona Fide Residence Test, your NRA spouse might be able to claim an IRS - Foreign Earned Income Exclusion that would exclude a portion of your NRA spouse's foreign source income (up to $100,800 for 2015).  TurboTax will guide you on taking the foreign earned income exclusion when you enter your NRA spouse's foreign source income under Federal Taxes> Wages and Income>I'll choose what I work on (or jump to full list)> Less Common Income (show more)> Foreign Earned Income and Exclusion 

Here in some additional information that you will need to consider when filing married filing jointly with a NRA spouse

  • Married Filing Jointly and you claim an exemption for your NRA spouse. (your NRA spouse will be treated as a US resident alien for US tax purposes and all of your spouse's worldwide income in USD will be subject to taxable as a US citizen or resident alien. Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes
    • leave NRA spouse's SSN blank and print a paper copy of your tax return
    • attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:
      •  A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
      • The name, address, and identification number of each spouse.
    • apply for NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN)
    • attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return (For the supporting documents, one option is for your spouse to get a certified copy of his/her passport which will need to be included with your tax return filing. Have your NRA spouse check with his/her local embassy regarding this certified copy) Click here for IRS website  ITIN - Frequently Asked Questions
    • mail your tax return along with your declaration statement (if filing as married filing jointly), Form W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

           Internal Revenue Service
           Austin Service Center
           ITIN Operation
           P.O. Box 149342
           Austin, TX 78714-9342 

      You may also apply using the services of an IRS-authorized
      Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin

 


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