When to start filing taxes?

[FPS81 3]

My wife just got her IR1, and we are planning to move to the US on Jan. 2024.  As an LPR I know she has to file US taxes, as well as FBAR(as she has foreign bank accounts with more than $10k).  My question is when does she have to start filing?  Does she have to file right away(for year 2023)?  or wait till the following year after arriving in the US to file(for year 2024)?

[OldUser 4,827]

If she hasn't entered the US with IR-1 visa in 2023 and it got endorsed, she won't need to file 2023 taxes. She'd file 2024.

[Chancy 6,233]

14 hours ago, FPS81 said:

My question is when does she have to start filing?

 

Depends on you and your financial situation.  As a spouse of a US citizen, your wife may choose to be treated by the IRS as a "US resident for tax purposes", starting from the year you got married, even if she has never set foot in the US in her life.  Because of this option, you and your wife may file taxes MFJ, raising your standard deduction and possibly reducing your amount of tax due.  Note that when filing MFJ, your wife must report her worldwide income for the entire tax year.  Again, this is an option, not mandatory.  You and your wife should check whether filing MFJ (including her worldwide income) will be financially advantageous for you.

 

My USC spouse and I chose that option, as doing so significantly increased our tax refund.  Our timeline --

2019 - got married

For tax years 2019 & 2020 - filed taxes MFJ (via amendment)

2021 - became LPR (entered US with my IR1 visa)

For tax year 2021 - e-filed taxes MFJ

 

If your wife does not take this option, she will be required to file US taxes starting only with the tax year she becomes LPR -- ie, when she enters the US with her IR1 visa, not when she gets the visa on her passport.