Spouse was Au Pair - 1040 Filing Jointly - Help Appreciated

[MNTaxes2018]

My wife was an Au Pair from January until July when we got married. We're filling out the 1040, filing jointly.

-How do we recognize her Au Pair income? Despite mixed messages online, her host family wasn't required to provide a W-2, and didn't. "Since au pair wages are paid for domestic service in a private home, they are not subject to mandatory U.S. income tax withholding and reporting on Forms 941 and W-2. However, au pair wages are includible in the gross income of the recipients, and au pairs are required to file U.S. individual income tax returns."

-She's been in the US since late 2015, when her Au Pair two year program started. Her Green Card application is being processed. She has her EAD. Do we need to sign and send a declaration so she can be treated as a resident, or do the 2+ years here qualify her under Substantial Presence, even though she was on a J-1 Visa? We are hoping to use Free Fillable Forms, so attaching a declaration doesn't seem possible.

Any help is greatly appreciated. Thanks!

[CDXH]

Hi there MNTaxes2018. Did you happen to get this figured out? I am in a similar situation this year.

[Popcorn]

Did you get answer.  Similar situation au pair Jan - May , married to US citizen in May and got green card November.  Plan to file married jointly.  No W2 provided

[MarilynG]

Even though the host family did not provide a W-2,  you can still report the income in TurboTax  as Other Taxable Income.

Go to Federal Taxes -> Wages & Income -> I'll choose what I work on -> scroll to the bottom and under Less Common Income select Start (or Update) for Miscellaneous Income

There are several types of other income categories in there. If none of those shown fit the bill,  then pick Other Reportable Income and you can enter your own description(s) and amount(s).

If your spouse has a Social Security Number, you can Efile as Married Filing Jointly.  If not, you will need to print and mail your return with Form W-7.

Here's more info on how to file your tax return with Form W-7.

[Hawkeye2010]

This does not work. When i tried this it asks for the tax id number for the payer

[Irene2805]

If you followed MarilynG's steps and clicked Other reportable income on the screen, Let's Work on any Miscellaneous Income  [Screenshot #1, below], you should not be asked for a payer's tax ID number on the Other taxable income screen [Screenshot #2].

Screenshot #1

Screenshot #2

@Hawkeye2010

[Hawkeye2010]

That is the message i get at the very end. I put it in her name and not mine.

i have also tried redoing this a handful of times and even tried getting assistance from one of your representatives. 

[Hawkeye2010]

@Irene2805 ?

[ReneeM7122]

Your spouse may have started out as an Au Pair when she entered the country 2+ years ago, but Au Pairs are not allowed to remain in the country for more than one year.  That takes her out of the category. 

Here is an IRS link  to information about Au Pairs

She meets the substantial presence test and you don't need to sign any declaration for her.

Here is a TurboTax article about resident and nonresident aliens.

@MNTaxes2018

[Hawkeye2010]

I really don’t understand what you are trying to say with the information you gave. 

[Hawkeye2010]

@ReneeM7122 

i think you did not understand that i was commenting on an old thread because the thread had no answer. And i was looking for the same answer the original poster was asking for. 

[AldenCKA]

Au Pairs are not allowed to file Jointly unless they hold their green card or have been present in the united states for the entire year and are married, more information is available here: https://www.irs.gov/forms-pubs/about-publication-519

[Penguinator]

The link is very helpful, but your message may be incorrect.

I read the section of the document called :Nonresident Spouse Treated as a Resident" and it seems Au Pair can be treated as resident and file jointly. Just an additional statement is required.

[LoganathanB]

Yes, you will have to make an election to treat a nonresident spouse as a resident and file tax returns jointly. You will have to attach a statement to that effect.

You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).

Each spouse must report their entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.

Click on the link for more information

Nonresident Spouse

[JohnDoe2022]

This is not entirely correct. Per the linked article, as long as one spouse is a citizen or lawful resident, they can file a joint return.