Can I file a joint-return on my first year?

Question

Hello community!

I arrived in the USA at the beginning of 2023 with my wife (from Canada) and were therefore non-residents at the beginning of the year, but both residents at the end of the year (L visa, with presence test, both of us have SSN).

Can I use FreeTaxUSA to do a joint return in this case or must do dual-status return without FreeTaxUSA then (1040-NR not supported)?

Based on publication 519, there's a paragraph regarding "Choosing Resident Alien Status" which requires that my wife and I both write a statement to apply to be considered a US resident for the entire year and be able to make a joint return. Just want confirmation that I understood everything and no other implications.

Thanks for your help!

MatthewD · Answer

https://community.freetaxusa.com/discussion/comment/1821#Comment_1821

Yes, that is an option.  You can always select the option to Mail and Print instead of e-file.

leo65161 · Answer

Thanks for your reply!

Yes I did have a Canadian income for Jan-Feb.

With FreeTaxUSA, can I print at the end instead of eFile and then add the missing forms myself before mailing out the package? It's what I was planning to do since I also need to request an ITIN for my daughter (form W7).

Let me know about the joint return to confirm if thats an option, thank you.

MatthewD · Answer

Hello,

We are missing some information. Did you have earned income from Canada? If you did, then you cannot use FreeTaxUSA even if you can file a Form 1040, since we do not support reporting Foreign Earned Income on a Form 1040.