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JTP - Apologise to Monica ♦
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Me, myMy wife and, our daughter, and I are in California since September 2013. Only I had income in US. I am planning to file extension form 4868 to be able to make first year choice and be treated as dual-status alien for 2013. Regarding that I have several questions:

  1. Me and myMy wife and I can only file separate returns because that is a restriction on dual-status aliens. We need to equally split all of our community income, deductions, etc because we live in CA. Should my wife file copy of my W2 with her return? Is a photo-copy enough, or does it have to be the original W2?

  2. Both me and my wife and I need to file extension form 4868. I will estimate taxes as if I was a non-resident for 2013, and my wife will put 0 (because she did not work and had no separate income). Is that right?

  3. Can we treat our daughter as a dependent? One requirement for our daughter to be considered qualified child is being a resident or a US citizen (1040 Instructions, page 16):

    Is Your Qualifying Child Your Dependent?

    1. Was the child a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico? ...
    • Yes. Continue
    • No. STOP You cannot claim this child as a dependent.

    As I understand, we can make a first year choice for her, which will make her dual-status as well. Then, would she meet residency requirement for purposes of becoming a dependent? If yes:

    • Do we need to file 4868 for her as well?
    • Do we need to file 1040 + 1040NR as dual-status statement for her when she meets her substantial presense test in 2014?

  4. My wife is going to file form W7 to get ITIN with her return. Do I need to include a copy of her W7 with my return if we file separately (it will be two separate envelopes, I suspect)? Does a copy of W7 need to be included with Californian tax return (540NR)?

Me, my wife and our daughter are in California since September 2013. Only I had income in US. I am planning to file extension form 4868 to be able to make first year choice and be treated as dual-status alien for 2013. Regarding that I have several questions:

  1. Me and my wife can only file separate returns because that is a restriction on dual-status aliens. We need to equally split all of our community income, deductions, etc because we live in CA. Should my wife file copy of my W2 with her return? Is a photo-copy enough, or does it have to be the original W2?

  2. Both me and my wife need to file extension form 4868. I will estimate taxes as if I was a non-resident for 2013, and my wife will put 0 (because she did not work and had no separate income). Is that right?

  3. Can we treat our daughter as a dependent? One requirement for our daughter to be considered qualified child is being a resident or a US citizen (1040 Instructions, page 16):

    Is Your Qualifying Child Your Dependent?

    1. Was the child a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico? ...
    • Yes. Continue
    • No. STOP You cannot claim this child as a dependent.

    As I understand, we can make a first year choice for her, which will make her dual-status as well. Then, would she meet residency requirement for purposes of becoming a dependent? If yes:

    • Do we need to file 4868 for her as well?
    • Do we need to file 1040 + 1040NR as dual-status statement for her when she meets her substantial presense test in 2014?

  4. My wife is going to file form W7 to get ITIN with her return. Do I need to include a copy of her W7 with my return if we file separately (it will be two separate envelopes, I suspect)? Does a copy of W7 need to be included with Californian tax return (540NR)?

My wife, our daughter, and I are in California since September 2013. Only I had income in US. I am planning to file extension form 4868 to be able to make first year choice and be treated as dual-status alien for 2013. Regarding that I have several questions:

  1. My wife and I can only file separate returns because that is a restriction on dual-status aliens. We need to equally split all of our community income, deductions, etc because we live in CA. Should my wife file copy of my W2 with her return? Is a photo-copy enough, or does it have to be the original W2?

  2. Both my wife and I need to file extension form 4868. I will estimate taxes as if I was a non-resident for 2013, and my wife will put 0 (because she did not work and had no separate income). Is that right?

  3. Can we treat our daughter as a dependent? One requirement for our daughter to be considered qualified child is being a resident or a US citizen (1040 Instructions, page 16):

    Is Your Qualifying Child Your Dependent?

    1. Was the child a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico? ...
    • Yes. Continue
    • No. STOP You cannot claim this child as a dependent.

    As I understand, we can make a first year choice for her, which will make her dual-status as well. Then, would she meet residency requirement for purposes of becoming a dependent? If yes:

    • Do we need to file 4868 for her as well?
    • Do we need to file 1040 + 1040NR as dual-status statement for her when she meets her substantial presense test in 2014?

  4. My wife is going to file form W7 to get ITIN with her return. Do I need to include a copy of her W7 with my return if we file separately (it will be two separate envelopes, I suspect)? Does a copy of W7 need to be included with Californian tax return (540NR)?

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Specifics of filing dual-status return for family

Me, my wife and our daughter are in California since September 2013. Only I had income in US. I am planning to file extension form 4868 to be able to make first year choice and be treated as dual-status alien for 2013. Regarding that I have several questions:

  1. Me and my wife can only file separate returns because that is a restriction on dual-status aliens. We need to equally split all of our community income, deductions, etc because we live in CA. Should my wife file copy of my W2 with her return? Is a photo-copy enough, or does it have to be the original W2?

  2. Both me and my wife need to file extension form 4868. I will estimate taxes as if I was a non-resident for 2013, and my wife will put 0 (because she did not work and had no separate income). Is that right?

  3. Can we treat our daughter as a dependent? One requirement for our daughter to be considered qualified child is being a resident or a US citizen (1040 Instructions, page 16):

    Is Your Qualifying Child Your Dependent?

    1. Was the child a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico? ...
    • Yes. Continue
    • No. STOP You cannot claim this child as a dependent.

    As I understand, we can make a first year choice for her, which will make her dual-status as well. Then, would she meet residency requirement for purposes of becoming a dependent? If yes:

    • Do we need to file 4868 for her as well?
    • Do we need to file 1040 + 1040NR as dual-status statement for her when she meets her substantial presense test in 2014?

  4. My wife is going to file form W7 to get ITIN with her return. Do I need to include a copy of her W7 with my return if we file separately (it will be two separate envelopes, I suspect)? Does a copy of W7 need to be included with Californian tax return (540NR)?