Hello
We have a question about the possibility of filing our taxes with turbo tax.
My wife an I are from Spain, she holds a J-1 Visa and I hold a J-2 Visa. We have been living in New York for 2 years.
Can we file our taxes with turbo tax? Or is it only for American citizens? At least, can I file my taxes with turbo tax?
Thank you so much for your help in advance
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Did your wife enter the U.S. sometime in 2019? If not, you can not file as a resident alien for 2021 using TurboTax.
Here is an example that I found on IRS website with a similar situation as yours:
Date of entry into United States: 08-29-2019
Research scholar J-1 visa
Exempt individual for 2 calendar years: 2019 and 2020
Begin counting days on 01-01-2021
Number of nonexempt days in United States during 2021: 365 days
Count days as follows:
Current year (2021) days in United States (365) × 1 = 365 days
Prior year (2020) days in United States (0) × 1/3 = 0 days
Year before that (2019) days in United States (0) × 1/6 = 0 days
Total = 365 days
A met the substantial presence test on 07-02-2021 (the 183rd day of 2021). A's residency starting date under IRC § 7701(b) is 01-01-2021 (the first day of presence in the United States during the calendar year in which A met the substantial presence test).
Which federal income tax returns will A file for 2019, 2020, and 2021?
2019:
A will file Form 1040NR as a nonresident.
2020:
A will file Form 1040NR as a nonresident.
2021:
A will file Form 1040 as a U.S. resident.
If she entered the US in 2020, you will be able to file a regular tax return using TurboTax.
For more details, see IRS website.
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