Hello,
I am about to file for 2024. i have a pending asylum case. i am married but my spouse lives in Egypt. Am i allowed to file MFJ if my spouse is nonresident and i am filing based on the substantial presence test?
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Yes, if you are considered a Resident for Tax Purposes, you and your wife can make the election to both be treated as US tax residences.
This means you both would report all your worldwide income on your US 1040 return.
You would need to file Married Filing Jointly the year you make the election.
HERE is more on making that election.
TurboTax can help, but you will need to print the return and mail with the statement. You will also need to include Form W-7 if you (or your souse) does not have an ITIN (Individual Tax Identification Number).
@Bkeroles1677 , based on your statement that you have passed the SPT ( Substantial Presence Test ), generally you would be Resident for Tax Purposes ( irrespective of your immigration status ).
Since your spouse ( NRA ) is not present in the US, you would need to file as MFS ( HoH if you have qualifying dependent / relative and for whom you maintain a household -- there are a few ands/ifs/buts on this though ).
(a) When did you enter the country ?
(b) Does your wife have income in Egypt?
(c) Are you responsible for her support in Egypt --- I have to refresh my memory on US-Egypt tax treaty , but I don't think Egypt has a clause to recognize a dependent ion Egypt of a US person.
I will circle back once I hear from you
pk
@Bkeroles1677 while my questions are still valid, my conclusion ( that you cannot file as MFJ , as reflected in answer by my colleague @KrisD15 ) is WRONG.
My assumptions were that to be able to file MFJ with an NRA one needed to be in the same tax home. This is not reflected in code -- generally there is no such restriction i.e. the need for Tax Home. Neither is there any such requirement in the UJS-Egypt tax treaty .
I stand down.
pk
Thank you for your answer @pk . A. I entered the country in June, 2023. B. My wife does not have income anywhere. C. Yes i do support her.
Yes. I do agree with PK and that you may file MFJ. Your spouse does not need to be in the same home as yourself. The only restriction is that if your spouse is earning money overseas, you would need to report this on your return as worldwide income.
This includes earned income from a job and other income such as bank interest or other unearned income.
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