I want to fill my US taxes as Married Filing Jointly. My spouse is a non-resident alien who has never been to US. How do I accomplish this?

First, make sure your marriage is recognized by the U.S. The U.S. recognizes most foreign marriages if it was legal in the country where you got married. But check with the Attorney General’s office of the state where you live. Interestingly enough, if you have a legal common law marriage in the U.S., and move to a state where common law marriages are not recognized, you may find yourself suddenly no longer married. If your marriage is recognized, get an ITIN (IRS ID number) for your spouse, and then just file jointly. However, you must include your spouses worldwide income on your tax return.

How do I make the first year choice as a resident and file taxes as married filing jointly? Is there a standard format of statement to make the first year choice?

If you are a US citizen, resident is assumed.Just use the regular tax 1040 — Assuming United States—Fill out both names and info and under filing status—check the box Married filing Joint. Complete the form—LINE BY LINE. Read the instructions carefully. Many software packages are available for a fee. Simple forms W2, minimal other income, or tax credits are not rocket science. Good Luck. If your state has Income tax, don’t forget to do it. File on time. Electronic has fees usually, but paper works. Refunds are prompt regardless. Good Luck

If a foreign citizen lives in the US on a working visa for more than a year, then what is his status? What tax form will such a person fill out when filing for taxes at the end of the tax year? Is the 1040NR the form to fill out?

In most situations, a person who is physically present in the United States for at least 183 days out of any calendar year is a US resident for tax purposes and must file Form 1040 as a tax resident. There are exceptions to this general rule, but none of them apply to people who are present in the United States in H-1B (guest worker) status. Furthermore, H-1B workers are categorically resident aliens for tax purposes and must pay taxes on the income they earn while in H-1B status as a resident alien in every year in which they earn more than the personal exemption limit. This includes both the first year and last year, even if the first or last year contains less than 183 days of residence in the United States. The short years may result in a filing as a dual-status alien.An H-1B worker will therefore only file Form 1040NR as his or her primary tax return in the tax year in which he or she leaves the United States permanently, and all US-connected income during that year will be taxed as if the taxpayer was a US resident, under the dual-status rules. All other tax returns during that person’s residence in the United States will be on Form 1040. The first year’s return may be under dual-status rules, with a Form 1040NR attached as a dual status statement as per the procedure in Chapter 6 of Publication 519 (2016), U.S. Tax Guide for Aliens. A person who resides the entire year in the United States in H-1B status may not use Form 1040NR, and is required to pay US income tax on his or her worldwide income, excepting only that income which is subject to protection under a tax treaty.See Publication 519 (2016), U.S. Tax Guide for Aliens for more information. The use of a tax professional, especially in the first and last year of H-1B status, is highly recommended as completing a dual-status return correctly is exceedingly challenging.

For the amended tax return, the only thing I needed to correct was the filing status. Do I still need to fill out the rest of the form involving income, etc.?

Yes, it depends what kind of income. For social security incomes, there is a different threshold amount for single and Married Filing joint. Different filing status have a certain treatment and that tax rates are different for every filing status. The filing status change goes on the very top of the 1040X. When I was a Tax Auditor for the IRS, the 1040X was one of the hardest thing to calculate. Just a few years ago, the IRS decided to change but with disastrous results- people were more confused than the original. So IRS changed the 1040X to its original. Follow your program’s instruction or go to an Enrolled Agent. I found out throughout my career that a good majority of CPA’s do not know the mechanics of the 1040X. Chances are you may need to send the returns by mail.

The company I work for is taking taxes out of my paycheck but has not asked me to complete any paperwork or fill out any forms since day one. How are they paying taxes without my SSN?

WHOA! You may have a BIG problem. When you started, are you certain you did not fill in a W-4 form? Are you certain that your employer doesn’t have your SS#? If that’s the case, I would be alarmed. Do you have paycheck stubs showing how they calculated your withholding? ( BTW you are entitled to those under the law, and if you are not receiving them, I would demand them….)If your employer is just giving you random checks with no calculation of your wages and withholdings, you have a rogue employer. They probably aren’t payin in what they purport to withhold from you.

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Name of Individual Subject to Additional Tax Married Filing Jointly 5329 Form

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Form 53:29 must be submitted with your tax return if you meet certain criteria this form will be necessary if you received early distribution from a retirement plan took certain distributions from education accounts made excess contributions to a traditional or Roth IRA Cover dell ESA Archer MSA or an HSA or require additional tax on excess accumulation in qualified retirement plans form 5329 can be somewhat overwhelming, so we encourage you to consult IRS Publication 5329 for specific instructions and detailed information

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Name of Individual Subject to Additional Tax Married Filing Jointly 5329 Form

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How to create an eSignature for the married filing jointly

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