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Level 2
posted Jan 4, 2025 9:17:41 AM

Why is Turbotax asking if I want to treat my US citizen spouse as a nonresident alien or dual-status alien? We've filed jointly for 39 years using Turbotax.

My spouse has a Spanish surname, but we've never been asked about alien status in the past.

8 56 21976
24 Replies
Level 15
Jan 4, 2025 9:31:12 AM

When entering your spouse's personal information you did Not inadvertently indicate that they were a nonresident alien or dual-status alien spouse on this page?

 Remove the check on the box if you did and continue in the Personal Info section.

Level 2
Jan 7, 2025 5:43:04 AM

Thank you, I'm pretty certain that it was unchecked initially but then it was not showing me the page again to review. Cleared and started over and all is well now. Thanks

Level 1
Jan 31, 2025 8:06:58 AM

I just want to add I had the exact same experience this week. I backed out and made sure I hadn't checked it even - I had not. Then I went to check my own info to see if asked about myself and it did not, then after that it was gone, it didn't have the question anymore. Both my spouse and I are citizens. I am not sure if this is some weird AI thing, or what, but it has made me a bit uncomfortable with the reliability of using it this year. 

Expert Alumni
Jan 31, 2025 2:02:21 PM

No. You shouldn't have a problem to file Married Filing Jointly again this year. Your review of your own information must have corrected the issue.

 

@EV808 

New Member
Feb 3, 2025 12:41:51 PM

Same issue, my spouse and I are both US citizens and always have been, and I haven’t been to the screen to enter anything on him yet-still asking me if I want to treat him as a US resident. Very, very odd. 

Expert Alumni
Feb 3, 2025 1:24:25 PM

The 1040 changed this year and now asks for the election treatment of your spouse on the front. The program is newly changed to reflect the new changes. Please enter your spouse's information and review your entries for correct treatment.

 

@Epaul7 

Level 1
Feb 3, 2025 2:41:18 PM

The problem is "resident" is not the same as "citizen" legally. So if your spouse is a citizen neither yes or  no is correct, because the answer is they're a citizen. It's also a problem that it asks even when you don't indicate that they a resident (instead of a citizen) which is asked on one check box. It seems to be an error or a very poorly executed question. 

New Member
Feb 4, 2025 11:53:01 AM

I had this happen as well and I’ve never been asked this ever.. TURBO TAX I left you after 10

plus years of filing my taxes with you. You don’t have to treat me like a resident I am one.  I filed with H&R and wasn’t asked this

Level 15
Feb 4, 2025 12:02:33 PM


@Karirod1234 wrote:

I had this happen as well and I’ve never been asked this ever.. TURBO TAX I left you after 10

plus years of filing my taxes with you. You don’t have to treat me like a resident I am one.  I filed with H&R and wasn’t asked this


That can happen when entering a spouse's personal information in the My Info section of the program.  On the screen labeled Tell us a bit more about (spouse's name) the box labeled (spouse's name) is a nonresident alien or dual-status alien spouse has been checked.

Level 1
Feb 6, 2025 4:33:16 PM

I also ran into this.  I have done our taxes on Turbo Tax for almost two decades.  I am a citizen (born in the US) but have a Spanish last name. Nothing was checked and I, myself, checked None Apply, then this screen asking me this question.  I wouldn't answer it, clicked start over and it went away and didn't ask again.  This is ridiculous and scary in our current political climate. Turbo Tax, do better. H&R Block did not ask me this question when I tried their website so not sure why this happened on yours.

Level 1
Feb 9, 2025 6:10:49 AM

Gotta leave TurboTax also. I feel that if I proceed it implies that I consider my wife to be an a non-resident alien due to the wording of the questions. She a citizen born in us to parents, grand parents, great grand parents, great-great grand parents all born in the US. She has never left the US.

I 100% did not check the box indicating that she was. I’ve done my taxes with TT for 15 years and never asked.

 

question: Would you like to treat “wife’s name” as a US resident for the entire year?

Is this the first time you are choosing “Wife’s name to be treated as a resident? 

I have a Spanish last name. I served in the Marine Corps during Desert Shield and Desert Storm. I was born on a US base. My dad was born in the US. He fought in Vietnam and he was also born on a US base to a father ( my grand father) that was in the military an born in the us.

Expert Alumni
Feb 10, 2025 8:46:12 AM

It depends.  Review the information that you entered in the MY INFO of your return for your wife. Be sure you did not check a box that indicating your wife is a non-resident or dual status alien. This how the screen would appear in your program.

 

Level 2
Feb 10, 2025 9:59:44 AM

Thanks Dave, that is what my screen looked like when I first went through that section, then TT came up with the "alien" question and I wasn't able to go back to that screen to check. I had to clear my return and start over. Based on some of the other responses I'm wondering if something in the TT code is randomly flagging Hispanic surnames and tagging them as a resident alien?

 

Expert Alumni
Feb 10, 2025 11:27:07 AM

The question in the interview section of the program is new and has been added to address a new option that the IRS has included on Form 1040 under filing status.  This question is intended for residents or citizens who may be married to those who either are a nonresident spouse or a dual resident spouse.

 

[Edited 02/12/25|2:29 pm PST]

New Member
Feb 15, 2025 5:37:37 AM

I clicked none of these apply. So why are they still asking if I want to treat my spouse as a resident? 

Expert Alumni
Feb 15, 2025 6:42:27 AM

You may inadvertently indicated that you wish to treat you spouse as a non-resident alien. If it insists on asking you the question, you might try this.

 

  • If you are working in Turbo Tax online, Go to Tax Tools
  • Tools
  • delete a form
  • Look for the 1040/1040SR worksheet
  • Right under this should be NRA Spouse Statement
  • Select that and delete it
  • If you are working in the software version, go to the forms mode and delete it from there.

New Member
Feb 17, 2025 10:30:05 AM

Same issue! I called TurboTax support and they did not know about this question. They said the form comes from IRS and this is new.  I didn't answer the question but clicked the back button. Now it's not showing up anymore and letting me continue. It was suggested to click on the 'Feedback' link at the very bottom of the screen to tell TurboTax how I feel uncomfortable with this question. This feels like intimidation and persecution of immigrants regardless of citizenship. 

New Member
Feb 17, 2025 10:31:31 AM

No I did not have this box checked. It asked me anyway. I think this is harassment of people with hispanic/immigrant last names. 

New Member
Feb 17, 2025 10:35:33 AM

I don't think this was an error. These questions are dictated by the IRS, hence the Trump administration. It is clearly harassment and intimidation of immigrants regardless of citizenship.

New Member
Feb 17, 2025 10:37:26 AM

No, this screen is popping up during the review of my personal info, before spouse. And it is occurring even when you don't check that box. 

Expert Alumni
Feb 17, 2025 10:39:02 AM

This form was already approved last summer when I went to the IRS seminar. You can see the form 1040 has changed. We have a lot of US citizens getting married to non citizens these days.

 

New Member
Feb 17, 2025 10:39:34 AM

No, it is occurring even when 'None of the above apply'. It is harassment based on my last name. 

New Member
Feb 17, 2025 10:42:30 AM

That is different than how it's being asked in TurboTax. This form appears to require one of the boxes to be checked. But TurboTax is asking even after the 'Married filing jointly' has been indicated.

New Member
Feb 17, 2025 10:44:01 AM

I didn't answer the question and just clicked on the Back button. It's not showing up again and letting me continue. But I'm wary to complete the process now.