Declaration/Statement to treat as resident

eggluze

Registered Users (C)
Hi,

I am non-resident alien who married US citizen on Dec 30, 2010. I understand that we can file taxes jointly, but IRS says we need to "Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following:

A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as US residents for the entire tax year, and
The name, address, and social security number (or individual taxpayer identification number) of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)"

Has anyone done that? Is there a special form to fill out?

Also, does that mean that I could deduct interest on my student loans? I knew that before, when I was on F1, I could not deduct that. My student loans are from institutions in US.

Thank you so much!
 
You should probably work with a CPA in order to get this right. If you deduct something that you shouldn't have - you'll get hit by an audit, and if you don't deduct something you could - you'll lose a lot of money. The $200-$300 for a CPA consultation will certainly be worth it.
After the CPA does your taxes for the first year, next year you can do it yourself using some of the methods described at http://bit.ly/gFYrpS by yourself.
 
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