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Level 1
posted Jun 3, 2019 4:29:07 PM

Should I attach a statement for first year of choice?

I'm a US citizen and my husband became a green holder this year 2018 on Oct 14. He also has substantiated presence of 191 days in 2018 , (the rest of the days in 2018 on a B2 tourist visa and 76 days in 2017 also B2). From what I understand he's a dual status alien this year and we can fill jointly. 

The question is do I need to also need to attach a statement for the first year of choice or any other forms for 2018 tax return?

He had no income  in 2018 and he doesn't have non-US accounts or assets of more then 10k$.

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1 Best answer
Expert Alumni
Jun 3, 2019 4:29:08 PM

As your husband became a U.S. resident (green card holder) and meets the substantial presence test for 2018, he is considered a U.S. resident at the start of 2018 and you do not need to attach a first year year of choice to your joint tax return.

Please see this IRS document:

https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

If his foreign accounts do not have a aggregate balance of more than $10,000 at any time during 2018, he is not required to file a FBAR.

1 Replies
Expert Alumni
Jun 3, 2019 4:29:08 PM

As your husband became a U.S. resident (green card holder) and meets the substantial presence test for 2018, he is considered a U.S. resident at the start of 2018 and you do not need to attach a first year year of choice to your joint tax return.

Please see this IRS document:

https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

If his foreign accounts do not have a aggregate balance of more than $10,000 at any time during 2018, he is not required to file a FBAR.