1st year choice. Dual-Status resident filing as U.S. resident for the ENTIRE year. Can I use TurboTax?

[kostyand]

Hello,

I entered U.S. 08/04/2019 and have Green Card effective this date.
My family (wife and daughter) entered U.S. 11/02/2019 and have Green Cards effective this date.
We pass a Green Card test for the year 2019.
As of today - 07/01/2020 - all of us pass the Substantial Presence Test for 2020.

I had only foreign income before I entered the U.S. 08/04/2019.
I had only U.S. income after I entered the U.S. 08/04/2019.

My wife had only foreign income before she entered the U.S. 11/02/2019.
My wife did not have any income after she entered the U.S. 11/02/2019

I am a Dual-Status resident for 2019.
This is my first-year choice.
Can I prepare 2019 tax return in TurboTax as a U.S. resident for the ENTIRE year?

[DavidS127 · Accepted solution]

Yes, you can use TurboTax to file a Form 1040 for the portion of the year starting on 8/4/2019. 

Based on what you have described, you are a U.S. resident alien starting on 8/4/2019, eligible to file Form 1040.  Because you had no U.S. income prior to 8/4/2019 and were not physically present in the U.S., you do not have to file a Form 1040NR for the portion of the year prior to 8/4/2019.

For the Form 1040 you file for the period starting 8/4/2019, you can file a joint return with your nonresident spouse.

See IRS Publication 519 at this link for more details.

[kostyand]

@DavidS127 , thank you for the confirmation!