We are non-residents. My husband is on J1 visa and works, I'm on J2, ITIN or SSN is not received. Can my husband file for taxes jointly and what forms need to be filled?

[annkhlop]

We arrived in the US in August 2016 (so we are non-resident aliens for tax). My husband is on j1 visa and works, I'm on J2 and do not work, ITIN or SSN is not received. Can my husband file for taxes jointly and what forms need to be filled. Do I need to apply for ITIN if there is no personal income. 

[DS30 · Accepted solution]

Since your husband is on a J-1 visa, he will be exempt from the Substantial Presence Test for the first 2 (if non-student) or 5 (if student) calendar years that he is in the US. This means that he is considered a non-resident aliens for US tax purposes.

As a J-2 Visa holder, you will also be exempt from filing as you are considered a nonresident alien. Additionally, you will not be able to file jointly with your husband (who is on a J-1 visa) and will not need an ITIN.

He will need to file a Form 1040NR to report your US source income. TurboTax does not support Form 1040NR. You may want to try https://www.sprintax.com/ which is specifically designed to help international student nonresident aliens with their US tax returns.

Click this link for more information from the IRS on US Tax Guide for Aliens

[annkhlop]

Thanks for answer. So, he will need to file that form as married filing separately? But should I fill any forms? I'm confused.
Also I saw in other topic about form form 8843. Do I or my husband need this also?

[DS30]

You will have no US filing requirements if you have no US source income. If your husband has US-source income, he will file the Form 1040NR as other married nonresident and will only claim himself. Form 8843 will be attached to his 1040NR in order to claim the exemption from the substantial presence test. Both 1040NR and Form 8843 are not supported by TurboTax

[annkhlop]

Thanks again. Very helpful!