Hi All,
I came to the US on an L-1 visa in December 2023 with a start date of January 1st, 2024 with my employer. My wife was in the US before I came, working on F-1 OPT for her employer and we need to file taxes for her.
I have a couple of things to ask:
1. Can she file taxes as a resident under "Married filing jointly"? She has been claiming exemptions on Social security and FICA, which I assume will go away if she files under MFJ. Can somebody throw some light on this subject?
2. I received no W-2 from my employer for 2023. Should I be filing any forms with IRS for 2023, however?
Please advise. Thanks,
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If you did not have income in 2023 in the US, you do not have any US filing requirements.
How long before you did your wife get here? Is she considered a US Resident or Non-Resident Alien? If she is on an F1-OPT visa and she is exempt from taxes, she is most likely been here less than 5 years and would need to file as a Non-Resident Alien. If this is the case, then TurboTax does not handle form 1040NR. You can use Sprintax.com to file the 1040NR.
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