Question

f1 student, resident alien for 2021 and filling married jointly

Forum|Forum|4 years ago
April 3, 2022
1 reply
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Hi,

I am on F1 visa status, I came to the US in 2016. So I qualify for filing as a resident alien for my 2021 tax return. I am married. My spouse was on F2 visa during 2021 and converted the status to F1 in December 2021. She got her SSN in January 2022. Now both me and my spouse have SSNs. I am using TurboTax for my tax return and I am planning to use the married jointly filing status. Can you please help with following questions,

1. TurboTax recommends me using the standard deduction. Am I eligible for that?

2. We did not receive any stimulus payments. TurboTax applies the recovery rebate credit in my federal return. Am I eligible for the recovery rebate credit?

Thank You

E

ErnieS0

Yes. You are eligible for the standard deduction because you are resident filing a regular Form 1040. TurboTax will give you the better of the standard or itemized deductions.

You are eligible for the Recovery Rebate Credit because you are a US resident. You don't say whether your spouse is a resident or not.

Generally, if you were a U.S. citizen or U.S. resident alien in 2021, you were not a dependent of another taxpayer, and you either have a valid SSN or claim a dependent who has a valid SSN or ATIN, you are eligible to claim the 2021 Recovery Rebate Credit.

You may also be eligible if you file a joint return with your spouse, you or your spouse were a U.S. citizen or U.S. resident alien in 2021, and either you, your spouse, or both of you, have a valid SSN or you claim a dependent who has a valid SSN or ATIN.

2021 Recovery Rebate Credit — Topic C: Eligibility for claiming a Recovery Rebate Credit on a 2021 tax return

Your spouse would not be eligible if she was a nonresident filing as a resident. You have to be an actual resident.

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C

cspur90Author

Thanks for the informative answer.

Can you further clarify what you mean by "Your spouse would not be eligible if she was a nonresident filing as a resident. You have to be an actual resident."

My spouse was in F2 visa during 2021, but changed her status to F1 in December 2021. So she is a nonresident for tax purposes. But I am a resident for tax purposes.

E

ErnieS0

Your spouse would have to qualify as a resident without the nonresident spouse election to be eligible for the Rebate Recovery Credit.

If she was on an F1 visa for the whole year – and had exempt status – then she would not be eligible for the rebate, even when filing a joint resident income tax return.

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