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Skyfaring

MFS and a RA (I think?)

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Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

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14 hours ago, Skyfaring said:

Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

I assume that since you have EAD, you also have a SSN. If so, then you should be good to file online.

 

You may want to consider MFJ. You may get a bigger return.

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On 1/29/2019 at 5:06 PM, Skyfaring said:

Hi everyone!

 

Thank you in advance for answering my frustrating tax question and giving me some reassurance. I want to double check I am a resident alien and can file taxes online as MFS with my wife. We are MFS to avoid massive student loan payments.

 

I moved to the USA on a K1 visa on December 28th 2017. I didn’t earn any US income, we didn’t get married in 2017, I didn’t file taxes.

 

I was resident in the USA during 2018 for 349 days (16 day trip back to the UK excluded) and got my EAD card in July. I started work in August where my employer did a substantial presence test which deemed me a resident alien.

 

Am I correct in assuming:

 

1. I’m a resident alien and pass the substantial presence test. 

2. I can file MFS.

3. I don’t need to file on paper because I am not choosing to be a RA. Therefore, I don’t have to fill out a special election statement. 

4. I do need to check and declare any foreign income, which I don’t think I had any as I didn’t work in the UK or earn any interest. 

 

Am I missing anything when I consider this tax process? 

 

Many many thanks in advance! 

1) You definitely satisfy the substantial presence test at 349 days :)

2) You can also MFS.  You'll want to weigh whatever your student loan situation is against MFJ tax advantages.  

3) You only need to file on paper if you're a non-resident alien electing to file as a resident alien.  

4) Once you're a US resident, all foreign income is subject to US taxes.  You can take a credit for foreign taxes paid.  


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