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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.
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14 Replies

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.

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?

alien spouse.JPG

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

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.

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

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.

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. 

DaveF1006
Employee Tax Expert

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.

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 

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Epaul7
New Member

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.

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. 

AmyC
Employee Tax Expert

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.

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 

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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.

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. 

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.

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

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.


@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.

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.

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.

Daverodus
New Member

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.

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.

DaveF1006
Employee Tax Expert

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.

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.

 

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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.

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?

 

DaveF1006
Employee Tax Expert

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.

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]

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