How to input nonresident spouse as resident spouse using Turbotax software

[Cardinals9]

I am a U.S. citizen and my spouse is a nonresident alien abroad and will treat as a resident for tax purposes. My spouse does have a SSN. Under the personal information I do not see where to input a foreign address for my spouse.

Under state of residence my understanding is to select the state we lived together (before my spouse left the country) since I will be treating my nonresident alien spouse as a resident.

If I select foreign or U.S. possession it does not make sense to me since I want to treat my foreign spouse as a resident for tax purposes. 

[KurtL1]

You do not need to enter the foreign address on your return for your spouse. To treat your wife as a Resident alien you will need to attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies.

It should contain the following information.

• A declaration that one spouse was a nonresident 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. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Both you and your wife will need to sign the statement and the Joint return. The returns will need to be mailed into the IRS and the state

The states of residency are the states you resided in during 2019.

[pk]

@Cardinals9 ,  as I read your post, what I get is   (a) you are US citizen and living in the USA; (b) your spouse , a Non-Resident Alien  / Resident for Tax purposes , was in the USA on work  visa -- hence the SSN and have since gone back to his/her home country with the visa terminated  and therefore is now Non-Resident Alien; (c) you want to file Married Filing Joint  return for 2019; (d) your spouse  has world income  from his home country---

Does the above generally describe the situation ( and if not please correct )

When did your spouse leave USA and how did you file in 2018 ( filing status and whose name was first on the return)?  Your spouse is a citizen/resident of which country ? Which state do you have home in?  Is your spouse supporting you or you are also employed ?

[brucebruno15]

Where can I add that in the website tool? I don't see anywhere where I can attach the statement.

Or does that mean that I can't e-file?

[MarilynG1]

@brucebruno15  Click this link for info on How to Determine Resident or Non-Resident Alien Status.

If your Non-Resident Spouse has no US income, you can file as Married Filing Separately.

Click this link for instructions on How to Attach Form W-7 to your mailed return. 

[brucebruno15]

My spouse has income too but she's on an F-1 visa. I'd like to treat her as a resident for tax purposes but I'm not sure I can e-file on that case because I read in the forum I have to attach an statement but there's no place to do it on the tool. Can you confirm that?

[LinaJ2020]

It is correct that you cannot e file your joint tax return.  You have to paper file.  

Since your spouse is a nonresident, to file jointly, you would need to make an election to claim him as a resident.  TurboTax does not provide any tools or forms to assist you to make the election, unfortunately.  You would need to follow IRS's instructions to attach the statement to your 2020 tax return.  You cannot e-file.  Instead, print out all your tax forms along with the statement and paper-file.  For instructions, click here to see Nonresident to resident

@brucebruno15

[brucebruno15]

Thank you for that.

Quick follow up: can I e-file state tax then? I live in NY and law says I need to e-file if using tax preparer software but the system won't let me proceed if I select e-file for state because I'm not e-filing federal tax.

What should I do?

[ReneeM7122]

You can mail your state tax return if you are unable to e-file.  The e-file mandate applies to tax preparers who prepare in behalf of other people and customers.  See the New York State Department of Taxation.  There is no penalty or adverse action taken when you are unable to e-file for a valid reason such as your Federal tax return being ineligible for e-file.

@brucebruno15

[Anonymous28]

Do we have to paper file just for the first year or for all subsequent years?

[DaveF1006]

Just the first year if your spouse receives their Social Security or ITIN in 2021.