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1040 NR

Level 1

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. 

Question2:

We have two children and can they apply for an Itin number if the taxes are filed as a Non-Resident or Resident? 

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4 Replies 4
Level 15

Hi there,

You’ve come to an Intuit site supporting tax professionals, and you may be looking for support as an individual taxpayer. Please visit the TurboTax Help site for support.

Cheers!

 

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Still an AllStar
Level 1

Perhaps the way I noted the question may have been misleading . . . but I am a tax professional.  This was referencing a client of mine.  This area of the Non-Resident statuses are a bit vague and I was seeking assistance from this forum.

Your assistance would be greatly appreciated if this is an area where you knowledge would be a contribution to me.

Thank you.

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Level 15

@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.

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Still an AllStar
Level 15

In other words, those US days won't be counted towards SPT if he's an exempt individual.

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Still an AllStar
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