Hello,
I will be moving to the US at the start of September under an L-1 visa and my husband will be coming with me but hasn't decided if he will be staying long term of moving back and forth while i'm working in the US. I was thinking about requesting an extension and filing for first year choice for myself and non-resident spouse for my husband so we can file jointly but readying into this i'm not 100% what all the implications are and I have the following questions.
1. is it actually possible to file jointly for this tax year by using both options?
2. if I treat my husband as resident this year to file jointly am I considered redient for the whole year, or just from the date we arrive?
3. if we are both considered resident for the whole year what is the implication for the wages I earned and already paid tax on in the UK? I know we have some double-tax treaty but does that mean that I wont be changed tax on my UK income or do I need to claim relief from the UK HMRC and hope they refund me the tax I already paid?
4. Since my husband may, or may not meet the substantial presense test in 2025 I was planning on requesting him be treated as resident for tax purposes. Is there any problems if he does stay long enough to be considered resident in his own right?
4. My husband wont be working in 2024. if I chose to only do first year choise for myself and then get him added as non-resident spouse in 2025 then is there major tax implications for this year since I will have to file single?
I hope my situation and questions are clear. this whole thing is a minefield which is why i'm looking to undersand what I need to do now, rather than waiting for the end of the year.
