arax28
Feb 26, 2017, 11:16 AM
Hello! I'm having a problem preparing federal tax return for me and my wife. My wife is a US resident (and green card holder) for entire year 2016. She actually lived and worked in US during almost entire year. I am just recently moved to US on 11/27/2016 and got my green card. So I am generally a dual-status alien under a green card test. I didn't have any US-based sources of income, but I worked for foreign employer for entire year. According to my calculations it would be beneficial for us to file in "married, filing jointly" status, even while I have to include my worldwide income. To be able to file joint return I was planning to attach a statement that I choose to be treated as a US resident for entire year 2016. But I'm confused regarding conditions for making such choice stated in Pub.519:
You were a nonresident alien at the beginning of the year. - this is true
You are a resident alien or U.S. citizen at the end of the year. - this is also true
You are married to a U.S. citizen or resident alien at the end of the year. - this is true
Your spouse joins you in making the choice. - this is where I'm in doubt. My wife was not dual-status alien for year 2016, so she has no choice and must be treated as US resident.
So my question is: can I still elect to be treated as full-year US resident and file a joint return with my spouse?
You were a nonresident alien at the beginning of the year. - this is true
You are a resident alien or U.S. citizen at the end of the year. - this is also true
You are married to a U.S. citizen or resident alien at the end of the year. - this is true
Your spouse joins you in making the choice. - this is where I'm in doubt. My wife was not dual-status alien for year 2016, so she has no choice and must be treated as US resident.
So my question is: can I still elect to be treated as full-year US resident and file a joint return with my spouse?