parvitstax
Level 7
02-21-2024
03:08 AM
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Is it possible to file jointly if H1B is married to an F1 (4th year as F1)?
The F1 spouse has a W2 that only paid federal taxes (no Medicare / SS).
The H1B spouse has normal W2 taxes withheld.
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itonewbie
Level 15
02-21-2024
03:55 AM
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Assuming the F1 spouse qualifies as an exempt individual and the H1B visa holder is a resident alien, they can make a §6013(g) election to file jointly.
There are implications other than the income tax liability for the immediate year. You should assess these with the couple to ensure this election is appropriate to them.
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parvitstax
Level 7
02-22-2024
12:12 AM
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For those that may want the detailed IRS steps to elect and other information regarding making the §6013(g) election