EAD and Tax Question

[Shae]

Hello,

Just a quick question, i normally file my taxes online, but now that i am filing with my husband, i am a little confused. He has his EAD and has been working and paying taxes. They ask if he is a citizen and of course, i said no, so they said that he needs to file another form. For tax puposes, will he be a "citizen" since he has a social and is paying taxes

[newacct]

They ask if he is a citizen

Who is "they" and why are they asking? Do you mean you are using a third-party tax preparation service to file your taxes and they are confused about filing taxes with your husband's status? If your husband passes the Substantial Presence Test (i.e. days in the US in the year + 1/3 of days in the US the previous year + 1/6 of days in the US the year before that >= 183 days), he is a "resident alien" for tax purposes and his taxes work almost exactly like that of a citizen. And he would file using 1040 just like citizens. This tax preparation service you are using must be unfamiliar with taxes for non-citizens, because they are probably thinking that he would file 1040NR, but that is only for "nonresident aliens". (And furthermore, even if your husband were a nonresident alien for tax purposes for the year, if you are a citizen or resident alien, you guys could still choose to use Nonresident Spouse Treated as Resident to make him into a resident alien for the whole year and file jointly.)

[Shae]

Who is "they" and why are they asking? Do you mean you are using a third-party tax preparation service to file your taxes and they are confused about filing taxes with your husband's status? If your husband passes the Substantial Presence Test (i.e. days in the US in the year + 1/3 of days in the US the previous year + 1/6 of days in the US the year before that >= 183 days), he is a "resident alien" for tax purposes and his taxes work almost exactly like that of a citizen. And he would file using 1040 just like citizens. This tax preparation service you are using must be unfamiliar with taxes for non-citizens, because they are probably thinking that he would file 1040NR, but that is only for "nonresident aliens". (And furthermore, even if your husband were a nonresident alien for tax purposes for the year, if you are a citizen or resident alien, you guys could still choose to use Nonresident Spouse Treated as Resident to make him into a resident alien for the whole year and file jointly.)

"They" meaning the HR Block online

Thank You

[JunkMart]

"They" meaning the HR Block online

Thank You

First off, HR Block is incorrect in this instance. If you want to use them, you would be much better off meeting in person with an agent who is familiar with immigration. If you call, just tell them you are an immigrant. Based on your timeline, you husband is a Resident Alien, and if he has EAD, then he must have a SSN. You can file a joint return, or you can each file MFS. No need for a special form.

Did he have foreign income in 2018 prior to moving to the US?