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J2 visa holder with work permit since 2017- considered resident or non-resident for tax purposes?

Forum|Forum|7 years ago
June 6, 2019
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My wife and I arrived in the US on Jan 2017. I am on a J-1 visa and work as a researcher scholar (postdoc). My wife is on a J-2 visa with work permit and also working a s postdoc. I know that I am a considered a non resident alien for tax purposes as days stayed in the US in first 2 years are not counted.

Is this the same for my wife too who is on a J2 visa? Is she a resident alien or non-resident alien for tax purposes (I am getting conflicting answers for other sources)? Also can we both file 1040NR-EZ if we have no dependants and only one source of income?

Best answer by KarenJ2

Spouse and Dependent Filing Requirements

Spouses and dependents in J-2 immigration status, who are authorized to work, file Form 8843 and either Form 1040NR or Form 1040NR-EZ. Spouses and dependents who enter the U.S. in J-2 immigration status and are permitted to work, must pay into social security and Medicare. They cannot file to have their social security tax refunded. If they do not have a filing requirement for Form 1040NR/NR-EZ, then they will only need to file Form 8843.

Here is a link to an IRS webpage describing the tax filing responsibilities of J-2 visa holders:

https://apps.irs.gov/app/vita/content/0605/0605_01_075.jsp?level=foreignstudent

You may want to check out Sprintax, a partner of TurboTax, who are specifically geared towards international student nonresident aliens with 1040NR filing requirements - for more information visit https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

K

KarenJ2Answer

Spouse and Dependent Filing Requirements

Spouses and dependents in J-2 immigration status, who are authorized to work, file Form 8843 and either Form 1040NR or Form 1040NR-EZ. Spouses and dependents who enter the U.S. in J-2 immigration status and are permitted to work, must pay into social security and Medicare. They cannot file to have their social security tax refunded. If they do not have a filing requirement for Form 1040NR/NR-EZ, then they will only need to file Form 8843.

Here is a link to an IRS webpage describing the tax filing responsibilities of J-2 visa holders:

https://apps.irs.gov/app/vita/content/0605/0605_01_075.jsp?level=foreignstudent

You may want to check out Sprintax, a partner of TurboTax, who are specifically geared towards international student nonresident aliens with 1040NR filing requirements - for more information visit https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

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