Is it possible to file a federal return with a non-resident alien spouse?

User
User Member Posts: 1 Newcomer
in State Filing

Can we still file jointly when my spouse is a non-resident alien of a different state? If I select no to the non-resident alien statement when I fill my spouse's detail, do we need to send any statement with signature of both of us, to treat the spouse as a resident? I read in the IRS site about the 1040-X form. Is it something that's associated with the declaration form that we need to fill?

Comments

  • TaxMorgan
    TaxMorgan FreeTaxUSA Agent Posts: 104 image
    According to the IRS, if "one spouse is a U.S. citizen or a U.S. resident . . . and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes," which means that you can elect to file a joint return.

    The nonresident spouse will need an SSN or ITIN to make this election.

    See information from the IRS here about the election and how to make it: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

    Form 1040-X is the form for an amended tax return. It is mentioned on the IRS page because the election to file a joint return can be made after an original separate return has been filed.

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