itonewbie
Level 15
04-26-2020
11:26 PM
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
@mgpu wrote:Question1:
I have a J-1 Visa and work as a teacher . . . my husband has a J-2 Visa with a work permit and worked as an independent contractor. Does my husband have to file as a Non-Resident alien or Resident Alien for tax purpose when he was here for a total of 365 days in the U.S.
The US tax residency status of the spouse on J-2 who has work authorization is determined the same way as the taxpayer who is on J-1 so long as they substantially comply with the conditions of their visas.
@mgpu wrote:We have two children and can they apply for an Itin number if the taxes are filed as a Non-Resident or Resident?
If there is a tax purpose for the children to have an ITIN, they can then apply for one. Otherwise, no.
---------------------------------------------------------------------------------
Still an AllStar
Still an AllStar