Ask Experts Questions for FREE Help !
Ask
    ap1985's Avatar
    ap1985 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 11, 2014, 05:34 PM
    Should H-4 holders pass substantial presence test for filing taxes joinlty
    I am working on H-1B visa for the past couple of years. I have been a resident for tax purposes for all these years. I got married in November 2013 and my wife moved to the US in December 2013. I read that I can file as a “Married – Filing Jointly” after I file for my wife’s ITIN number. Should my wife (who is on H-4 visa) pass the substantial presence test (183 days) in the US for me to file taxes jointly? Should I have been married for the substantial presence period in 2013 to file taxes jointly?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 11, 2014, 06:15 PM
    No; SPT does NOT apply to the spouse. To children who are NOT U.S. citizens, YES, but NOT the spouse.

    The spouse does not even have to be in the United states to file jointly with a U.S. resident. She could be on Mars for all the IRS cares, juts as long as she SIGNS the tax return and declares HER income on the return as well.
    ap1985's Avatar
    ap1985 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 12, 2014, 09:45 AM
    Thank you for the quick reply, AtlantaTaxExpert. But, will not my wife be considered non-resident alien as she hasn't been here for the substantial presence period. If I am resident and my wife is non-resident, can we file taxes jointly?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 12, 2014, 11:18 AM
    Popular mis-conception when it comes to the spouse.

    In fact, the spouse NEVER HAS TO SET FOOT IN THE UNITED STATES in order to file jointly. She could be on Mars for all the IRS cares, as long as her income is included on the tax return.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Married Filing Jointly - My Daughter failed Substantial Presence Test-Requires advice [ 1 Answers ]

My husband and myself came to USA on July 14th 2010 along with my daughter (birth date: 20th September 2009 in India). Since we were in USA in the year 2008 and 2009 (before my daughter's birth), myself and my husband passed the Substantial presence test. But my daughter is entered to USA first...

Filing tax amendment after passing substantial presence test [ 4 Answers ]

My daughter not passed the substantial presence test to get the $1000 child tax credit which is 14 days less than 183 days. Can I file the amendment once my daughter passed the substantial presence test?

Do I pass the Substantial presence test. [ 11 Answers ]

I am still trying to determine whether I pass the SPT. I worked and paid taxes in Australia until April 2008, all property, family, bank accounts still remain in Australia. Do any of the conditions under "Conditions for a Closer Connection to a Foreign Country" apply? : Conditions for a...

US Substantial presence test and H1B - Filing status? [ 3 Answers ]

Hello! My wife changed status from F2 to H1B in June 30th 2008. I changed status from F1 to H1b in Oct 1 2008, after 2 years on F1/OPT. Both are currently working. My Wife took a trip in September 2008 of 5 days abroad to get her h1b visa stamped in the passport, so I guess that put her just...

Substantial Presence Test - Days of presence under B1 status with no taxes filed . [ 3 Answers ]

Hello, If I take into account my stay in the US on B1 (business/visitor visa) status then I feel I qualify for being a Resident. However, I did not file any taxes before (I was specifically asked by my employer not to). Now I'm on H1B (since July 2007) and have filed through TaxAct online...

View more questions Search