shamindra74
Apr 7, 2008, 02:18 AM
Hi, can married nonresident alien (NRA) file jointly and if so, which form should it be?
I was in F1 till aug 07 and then the remaining 4 months in H1B. My stay in US as F1 doesn't contribute towards substantial presence test since it was within the first five calendar years of being F1 (see The Closer Connection Exception to the Substantial Presence Test for Foreign Students (http://www.irs.gov/businesses/small/international/article/0,,id=129255,00.html)). Obviously, 4 months of H1B cannot exceed 183 days. So, am an NRA.
My wife was in F1 for the full year and her stay was also within the first five calendar years of being F1. So, she is also an NRA.
I searched a lot (irs.gov, general googling, etc) about how a married NRA couple can jointly file and finally found from IRS.gov that we CANNOT (see Nonresident Alien - Figuring Your Tax (http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html)). By the way, we both are from India.
I found many websites / forums suggesting to file 1040 as RA; in fact, some of my friends in similar situation, did file using 1040 as RA and already got back their refund and they all went through lawyers. Am I missing something? Since, on one hand, the tax-lawyers advise people like us to be RA but IRS clearly ruled out that possibility in the above-mentioned website. If anyone could help me out, that would be great.
I was in F1 till aug 07 and then the remaining 4 months in H1B. My stay in US as F1 doesn't contribute towards substantial presence test since it was within the first five calendar years of being F1 (see The Closer Connection Exception to the Substantial Presence Test for Foreign Students (http://www.irs.gov/businesses/small/international/article/0,,id=129255,00.html)). Obviously, 4 months of H1B cannot exceed 183 days. So, am an NRA.
My wife was in F1 for the full year and her stay was also within the first five calendar years of being F1. So, she is also an NRA.
I searched a lot (irs.gov, general googling, etc) about how a married NRA couple can jointly file and finally found from IRS.gov that we CANNOT (see Nonresident Alien - Figuring Your Tax (http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html)). By the way, we both are from India.
I found many websites / forums suggesting to file 1040 as RA; in fact, some of my friends in similar situation, did file using 1040 as RA and already got back their refund and they all went through lawyers. Am I missing something? Since, on one hand, the tax-lawyers advise people like us to be RA but IRS clearly ruled out that possibility in the above-mentioned website. If anyone could help me out, that would be great.