How to answer these tax questions

[AshMarty 360]

 

I was hoping someone can help us accurately answer these questions from our accountant. My husband entered the US from Australia early June 2017, He received his Green Card this week (in 2018) but was in limbo all of 2017: So what are the accurate answers to the below questions. 

 

1. Visa type or immigration status on last day of 2017?

2. Immigration status if no visa?

3. Date visa type or immigration status changed?

   1. Nature of change?

 

Thanks for your help as always! 

 

 

[Italian_in_NYC 259]

Those questions are on the 1040NR.

If your husband entered early June, then he'd be a US Person for tax purposes.

He has to file 1040, unless he was on an exempt visa (F, J).

If you were married as of 12/31/17, then file a joint return (he should have got his SSN by now).

Don't forget to report his foreign-source income for 2017 and his foreign assets (accounts, corp, partnerships, etc), if any.

[AshMarty 360]

11 minutes ago, Italian_in_NYC said:

Those questions are on the 1040NR.

If your husband entered early June, then he'd be a US Person for tax purposes.

He has to file 1040, unless he was on an exempt visa (F, J).

If you were married as of 12/31/17, then file a joint return (he should have got his SSN by now).

Don't forget to report his foreign-source income for 2017 and his foreign assets (accounts, corp, partnerships, etc), if any.

Thanks! 

 

We have already told our account about all his overseas income and he has been working in the US since November. We have submitted his Australian taxes and rental property income from overseas to her as well for the past year and 2 additional years. 

 

We have to be filing separately (MFS) because of how my student loan payments are structured (they are based on a percentage of income)  but he does have a ss#. 

 

So are you saying she is confused with the form she is filling out for us (It should be the regular 1040 and not the 1040NR)?

 

 

Edited March 22, 2018 by AshMarty

[Italian_in_NYC 259]

3 minutes ago, AshMarty said:

Thanks! 

 

We have already told our account about all his overseas income and he has been working in the US since November. We have submitted his Australian taxes and rental property income from overseas to her as well for the past year and 2 additional years. 

 

We have to be filing separately (MFS) because of how my student loan payments are structured (they are based on a percentage of income)  but he does have a ss#. 

 

So are you saying she is confused with the form she is filling out for us (It should be the regular 1040 and not the 1040NR)?

 

 

Well, if he has been present in the US since early June he likely meets the physical presence test and likely has to file a 1040 and not a 1040NR.

If you guys are already filing separately for other reasons, he might opt for dual-status and exclude his foreign-source income up to his date of entry.

I assume he entered on a K1 visa, right?

[AshMarty 360]

1 hour ago, Italian_in_NYC said:

Well, if he has been present in the US since early June he likely meets the physical presence test and likely has to file a 1040 and not a 1040NR.

If you guys are already filing separately for other reasons, he might opt for dual-status and exclude his foreign-source income up to his date of entry.

I assume he entered on a K1 visa, right?

Correct he entered on a K1

[AshMarty 360]

I am still hoping someone might be able to help my accurately answer these questions? I'm not sure of the proper terminology for the questions. 

 

1. Visa type or immigration status on last day of 2017? Resident Alien (?)

2. Immigration status if no visa? (I am not sure because we were in the middle of AOS)

3. Date visa type or immigration status changed? 

   1. Nature of change? Marriage (?)

 

 

Edited March 22, 2018 by AshMarty