Originally Posted by Sispy
I am looking for advice on which tax forms I need to file.
I am a German citizen and have been in the US for school (since 2010). I have filed my taxes in the last 4 years under the tax treaty that allowed me to not pay taxes in the US but in Germany. In 2014, the treaty expired for me and I will have to pay taxes in the US. I believe that also means that I owe taxes for the previous 4 years (I had very little income while being a student). In 2014 I was on a student visa, and after graduation in May transition into an OPT visa- I now work in the US. I got married to a US citizen in December. I have not received any paperwork from USCIS, so at this point I am not a permanent resident (but I believe for tax purposes I am).
My husband and I will file our taxes separately (He already filed). Could you give me advice on what forms I should use to file my taxes?
Unless you are a US resident for tax purposes, you needto file form 1040nr/1040nr-ez and form 8843 even If you were in the U.S. even 1 day in 2015, you must file Form 8843;As long as you are a nonresident alien for tax purposes and you file a proper tax return here in the us as dsaid above, the US will not tax your income from non-American sources.International students on F, J, M, or Q visas are considered “exempt individuals,” which means you are excused from the Substantial Presence Test for the first 5 years you are in the US .After this period you will be subject to the Substantial Presence Test, which is used to determine if someone was in the US long enough to be considered a resident.
hjowever, aslongas you are treated as A US RESIDENT FOR TAX PURPOSES, then you must fiel form 1040 and must report us source and world wide incoem on yiour US return and claim foreign tax crdit on taxes paid to german taxing authorities on your us return